Private foul water responsibility

[stressederic]

Hi,

Hoping someone can help me here!!...

I have a few questions regarding who is responsible for my foul water once it leaves my boundary onto private land.

Background:

We are not on main drains.

I bought my house with the understanding that all my foul water all went to the septic tank.

The septic tank is on Retained Land (owned by my neighbor).

My deeds state ' A full and free right and uninterrupted passage and running of foul water and sewage from the Property through the sewerage system which is in the retained land'

My awful neighbor has since complained to Environmental Health (EH) that my bath and kitchen sink water is running out in to a land soak-away on his land and not the septic tank (which it I have now found out it is after EH came to my house and put dies in the water). The person who sold me the house is the same person complaining to EH! He was aware where the bath and kitchen sink foul runs to when selling the house to me.

The bath and kitchen sink waste has not changed since i bought the house. However, EH have said even though its existing as its an EH issue and they can serve notice and they cant take retrospective action.

The waste pipe from my bath and kitchen sink runs around my property and then off my property underground into my neighbors land until it reaches his soak away.

Who is responsible for the foul water once it leaves my boundary?...im hoping its the land owners responsibility to ensure the foul water goes into the private sewage system (the septic tank) and not for me to have to spend a load of money digging up his land to ensure it goes into a septic tank


Thanks in advance.

[des8]

Re: Private foul water responsibility

Hi again!

Firstly EH are right in that all grey and black water must first pass through a septic tank or sewerage plant.

I think the answer to your current problem is going to be in what exactly you were informed about the sewerage arrangements when you purchased the property.
What enquiries did your conveyancer make.?
Did the answers suggest your waste entered "the sewerage system which is in the retained property",

Talk about neighours from hell!

[stressederic]

Re: Private foul water responsibility

Hi again!

Firstly EH are right in that all grey and black water must first pass through a septic tank or sewerage plant.

I think the answer to your current problem is going to be in what exactly you were informed about the sewerage arrangements when you purchased the property.
What enquiries did your conveyancer make.?
Did the answers suggest your waste entered "the sewerage system which is in the retained property",

Talk about neighours from hell!

Hi,

I guess i'll need to dig out my searches from when i purchased the house but It was my understanding all foul water went into the septic tank.

If the responsibility is that of the land owner once it 'leaves' my property i dont have to worry...if it is my responsibility then im sure my neighbor wont allow me to dig up his land to re-route the foul water to his septic tank (which i have a right to use).

Then there is the mis-selling of the Property to look at.

Yes, the worst neighbours you could ever imagine.

[des8]

Re: Private foul water responsibility

How old are the properties?

Was the drainage system passed by the LA building inspector?

[stressederic]

Re: Private foul water responsibility

house built in 1860s...there are no main drains at all...everything was supposed to be,as a far as im concerned running into the septic tank but yesterday found out bath and sink dont. Simple solution is to re-run the pipe to the septic tank...which will mean digging up his land. He wont go with that...horrible old g*t...

so if he wants to be awkward im of the mind set once it crosses my boundary then that it is his problem to deal with...sounds like im being an ar5e too...but if you cant beat them!!!

[wales01man]

Re: Private foul water responsibility

If you are contaminating the land with waste water its your problem you cannot just send it over to someone elses land you need to look at your house deeds and the searches made when you purchased the property

[suffering]

Re: Private foul water responsibility

There is a lot of information missing here
1. when did you buy the property
2. did the previous owner (neighbor) carry out the work to install bathroom & kitchen
3. has a professional had a look to see if a pipe can be run under floor boards and out the other side of the property and into a man hole or connecting pipe. there is probably a logical why of resolving the problem
4.does your insurance cover it

[stressederic]

Re: Private foul water responsibility

If you are contaminating the land with waste water its your problem you cannot just send it over to someone elses land you need to look at your house deeds and the searches made when you purchased the property

If you are contaminating the land with waste water its your problem you cannot just send it over to someone elses land you need to look at your house deeds and the searches made when you purchased the property

My deeds state; 'A full and free right and uninterrupted passage and running of foul water and sewage from the Property through the sewerage system which is in the retained land'. it also mentions i have a right to enter upon the retained land to carry out works, providing i give reasonable written notice.

So i guess even if he is refusing to let me re-route the pipe to the septic tank, by means of digging a trench across a part of his land, he doesnt have a leg to stand on. He has to let me as per the deeds.

The searches dont say much...just that its a private system.

[stressederic]

Re: Private foul water responsibility

1. when did you buy the property - nearly 2 years ago...and the complaint has only just been made. The complainant sold the house to me knowing where the bath and kitchen waste goto, however, this wasn't made aware to us when purchasing and we simply thought all waste went to the septic tank.
2. did the previous owner (neighbor) carry out the work to install bathroom & kitchen - yes
3. has a professional had a look to see if a pipe can be run under floor boards and out the other side of the property and into a man hole or connecting pipe. there is probably a logical why of resolving the problem - no as its solid floors. Easiest option is to re-route the bath and kitchen sink waste pipe to the septic tank on the retained land (owned by neighbor making the complaint) .
4.does your insurance cover it - not sure...but will check with them.

thanks.

[Crazy council]

Re: Private foul water responsibility

I think you would have a claim against the prior owner, especialy if you consider he knew this and didnt inform your properly at the time of purchase.

Worth asking the solisitors that dealt with the sale what there opinion is

Also, if the old seller gets funny, the water board at a nightmare to deal with if someone accuses you of purposfully contaminating land. Really interesting if he was doing oiterh building work at the time he connercted to thje soakaway a,d he flushed any of that down the sink into the soakaway

[wales01man]

Re: Private foul water responsibility

I think you would have a claim against the prior owner, especialy if you consider he knew this and didnt inform your properly at the time of purchase.

Worth asking the solisitors that dealt with the sale what there opinion is

Also, if the old seller gets funny, the water board at a nightmare to deal with if someone accuses you of purposfully contaminating land. Really interesting if he was doing oiterh building work at the time he connercted to thje soakaway a,d he flushed any of that down the sink into the soakaway

Was this asked about in the searches? and was there a completion certificate from building control for the works drains should have been pressure tested was this done .Problem here is no paperwork to support anything

[des8]

Re: Private foul water responsibility

The seller installed a bathroom and kitchen, but that does not mean he installed the soakaway.
I suspect that was the original Victorian system, and he just connected to existing drains.

Soakaways for grey (and black) water became illegal yonks ago, so someone back then was responsible for failing to connect the drains to the new septic tank.
I would have thought that all those properties connected to this system would have shared the costs.

[stressederic]

Re: Private foul water responsibility

Yeah i suspect the bath and sink drainage has been there for many a decade and who installed it is anyones guess...maybe my neighbour did install it but without admitting this i cant prove it.

I cant find anything documented that actually states the seller knows the bath and sink do NOT run to the septic tank.

My neighbor when complaining to EH, told them where my bath and sink run to ie not the septic tank...so this shows he is fully aware of where the bath and sink drainage runs to. Yet hasnt disclosed this when selling to me. I guess i need written evidence of this from EH.

I can write a legal letter to my neighbor that i have an implied right to connect to the septic tank and tough love that i need to dig the trench on his land. If he refuses an injunction can be taken i guess (although that is expensive!)

Everything im reading on private drains on private land state it is the responsibility of the land owner. so once it passes my boundary the 'issue' is picked up by the land it runs through. This would rid me of the issue and i have asked EH to check the legalities of who is responsible before serving me notice...EH have been very understanding but at the end of the day i accept its foul water which as things stand does not drain to a septic tank.

My only other option is to wait for EH to serve me notice, i tell EH i am ready to do the work, show them my deeds and say its my neighbour who is stopping me fixing this EH issue. He is the one who is being unreasonable.

[des8]

Re: Private foul water responsibility

as long as you don't upset EH!

[R0b]

Re: Private foul water responsibility

the searches may tell you some information but I'd be more interested in seeing what inquiries the conveyancer made to the seller and if those inquiries were sufficient based on the information the conveyancer had. If the seller gave a misreprensation you can sue the seller, alternatively if the conveyance was negligent in carrying out the necessary inquiries then you may have an action against them.

Equally from what your deeds say, it says you have a right to run the water onto the neighbours land and uninterrupted, what it doesn't say for example is the right to install, reinstall, maintain, repair etc.

Arguably since the deeds says a free right, that could imply you have a right to repair or install pipe work that can be connected to the tank, but I doubt it means you can dig up any land of the owner, and presumably you'd have to make good. Does the deeds or plan identify or make out where that right is in the neighbours land?