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Private home verses the housing association - boundary leak

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  • Private home verses the housing association - boundary leak

    Not sure I've given this the catchiest title!

    Heres the problem approximately last August 2024 my neighbour (a housing association tenant) removed a large mature shrub/small tree on the boundary line at the rear of my property. This required a pickaxe and from the sound of what he was doing pretty substantial effort. The following day the neighbour knocked my door explaining there now seemed to be a continuous trickle of water running into his garden. To explain the neighbour's house is adjacent to mine approximately 3 meters below as the lands is lower at the rear of my property.Our houses are not connected. Mine is a semi detached.

    At the time:

    - The neighbour reported this to the housing office as requiring attention - I am not sure if he mentioned he had removed the shrub.
    - I also despite being a private resident sent an email to Housing Association explaining that after extensive garden work my neighbour now had a leak in their garden that may need attention.

    Fast forward to now August 2025 the housing association has taken over 1 year to come out and look at the leak and has come to the conclusion that it is most probably a fresh water leak from my property and I need to address this. The housing association has not done any exploratory work around the leak in the neighbours garden (just a visual inspection) they have not provided any information on underground pipe layout around both properties or provided any reports. They have just sent a letter explaining that there is a leak from my property that is affecting theirs and needs addressing.

    As it stands my property is fine with no water issues however there is a constant trickle of water on the boundary line 3 meters below my house and this is affecting the neighbour as it is pooling at his back door. I am slightly annoyed as before the shrub was moved we have lived happily without any problems. My hunch is that the removal of the mature shrub may have ruptured or dislodged something, however it could be all manner of things.

    How should I respond to the Housing Association's letter? Are they strong arming me? United utilities have said because the association have said it has been caused by a leak on my land they do not intervene on Private land, although the housing association has provided no evidence or feedback.

    I am reluctant to contact my insurance company in the first instance and just to clarify I have a recording of a conversation with my neighbour where he admits to removing the shrub and he wonders if it may have affected some pipes. Any advice or thought would be gladly received

    Tags: None

  • #2
    Ultimately you may need to get a water engineer to carry out an investigation and give an expert opinion on whether the leak is coming from your property and if so how caused. But in the meanwhile have you asked UU for a copy of their plans showing where the water and waste pipes run on your property?

    They say fresh water not waste water? Usually that comes in from the street to the front of the property not along the rear boundary. Where does yours come in?

    In the meantime you could just reply to the HA saying you have no knowledge of there being any water pipes at the end of your garden for which you are responsible and can they send you their evidence from their investigation. They may simply assert that the water is coming from your property (your side of the boundary line) so is your responsibility and they don't have to prove what's happening on your property.

    It must be a very small trickle if it took them a year to deal with it and all he has got is a bit of pooling by the back door. Is the rate of trickle constant or higher in winter? Could he have opened up a natural spring or changed where one flows rather than a water pipe? Natural springs often flow out on the sort of bank where land levels change that you have.

    The rear boundary line is an unusual place for fresh or waste water pipes because it's hard for the utility company to maintain them, but their could be a historical reason for it where you are.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      I ended up giving quite a lengthy reply above, so just to summarise, on the information so far it's not possible to say for sure what the legal responsibility is and you need to investigate further what's actually happening in the ground.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        You have the evidence of what you saw your neighbour doing and what he said to you. Make sure the HA knows this.

        You may need to inform your insurer of any action the HA threatens to take against you.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Are you or your neighbour on a water meter?

          Comment


          • #6
            Originally posted by atticus View Post
            You have the evidence of what you saw your neighbour doing and what he said to you. Make sure the HA knows this.

            You may need to inform your insurer of any action the HA threatens to take against you.
            Thanks I think I'll fire back a letter explaining the context of the leak appearing and the evidence I have - I'll play it by ear , I appreciate they need a solution to this but as this problem only occurred once the tree was removed wether they have ruptured or cracked a pipe or disturbed a natural spring it seems pretty unfair to pin this on me - thanks for your help.

            Comment


            • #7
              Originally posted by wales01man View Post
              Are you or your neighbour on a water meter?
              I wish I was it would be easier to identify if was my fresh water source then

              Comment


              • #8
                Originally posted by PallasAthena View Post
                I ended up giving quite a lengthy reply above, so just to summarise, on the information so far it's not possible to say for sure what the legal responsibility is and you need to investigate further what's actually happening in the ground.
                Thanks for the reply - it's funny as the that the mention where the fresh water to my property comes from as I actually have to go to the street at the rear of my property and switch it off from there. In which cause the pipe would, I imagine run under their gardens and potentially cross the boundary at the point he removed the tree.

                Interestingly there is a number of natural springs in our area so that could be another option. I think I will bat it back to them and ask them to do more exploratory work (digging) at the source on the neighbours side to ascertain if there is a pipe there.

                It has been a constant trickle for a year and it does not fluctuate through the seasons. I will chase UU to get a copy of their plans showing where the water and waste pipes run and if I am on a shared source with my neighbour on the semi detached who is also housing association.

                Thanks

                Comment


                • #9
                  When you shut off the swater in the street does it shut your house only or theres as well if the leak is after the company stop cock its the user be it you or them responsibility

                  Comment

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