Scottish law re sewage over neighbouring property

[Dookist]

I wonder if anyone can offer some advice, please? A friend of mine who lives on the Scottish borders is in a dispute with one of her neighbours who wishes to discharge treated effluent into a ditch which runs through my friend's land. The ditch is dry during the summer but frequently floods very badly at other times. Information is being withheld by the Environment Agency and the local authority as to why it would not be suitable for her neighbour to have a normal septic tank rather than a system which discharges into a waterway.
My question is this; can anyone force you to accept their domestic waste over your property, especially as it would exacerbate flooding? Would it not amount to trespass, nuisance and health hazard? My friend can't afford a lawyer, so any advice would be gratefully received. Dookist

[des8]

Re: Scottish law re sewage over neighbouring property

There are several reasons why a septic tank may not be a viable proposition.
The main ones will be distance from existing buildings or neighbouring land and the geology of the site which has to take into account run off in the event of overflowing or leaking.
Generally discharge of treated effluent into a watercourse is not going to provide insuperable problems.
However I am surprised to hear that discharge into a ditch which is dry in summer is going to be allowed.

I speak from a little experience some years ago in Wales, but I don't believe there is going to be a great deal of difference, other than the hoops which have to be jumped through.

Presumably the discharge point will be on the neighbours land into a ditch which subsequently passes through your friends land?

[Dookist]

Re: Scottish law re sewage over neighbouring property

There are several reasons why a septic tank may not be a viable proposition.
The main ones will be distance from existing buildings or neighbouring land and the geology of the site which has to take into account run off in the event of overflowing or leaking.
Generally discharge of treated effluent into a watercourse is not going to provide insuperable problems.
However I am surprised to hear that discharge into a ditch which is dry in summer is going to be allowed.

I speak from a little experience some years ago in Wales, but I don't believe there is going to be a great deal of difference, other than the hoops which have to be jumped through.

Presumably the discharge point will be on the neighbours land into a ditch which subsequently passes through your friends land?

Yes, I believe so… I think there is a concrete gulley for part of the length of the ditch. But we were very surprised that they could discharge into what, at times, is a completely dry ditch as I've heard that there has to be a certain amount of dilution. The neighbour's ground is higher up than my friend's, so when they have a lot of bad weather, her property is severely flooded…

[Ripped-Off]

Re: Scottish law re sewage over neighbouring property

can anyone force you to accept their domestic waste over your property

It's not domestic waste if it's been treated is it? Foul water drains often cross properties on their way to the sewer. The difference here is the drain is above rather than below the ground, and the waste you describe has been treated, so should possess similar properties to normal surface water drainage if it is being allowed to drain into watercourses. Without more, I would say yes they can.

I would have a look at the Flood Risk Management (Scotland) Act 2009 and also the Land Drainage Act 1991 to see if there is anything in there that can help.

In respect of the flood risk, if this does result in a flood then I would want to rely on the fact that I had raised my concerns as there could be tortious issues involved. I would particularly want to ensure that they were aware prior to any flooding (paraphrasing the seminal speech of Lord Atkin in Donoghue v Stevenson)...that I am so closely and directly affected by the act that they ought reasonably to have me in their contemplation as being so affected when they are directing their mind to the acts or omissions which will be called into question.

Proving that, but for their additional waste water there would not have been a flood, is likely to be hard.

[des8]

Re: Scottish law re sewage over neighbouring property

Page 3 section c of "http://www.lanesfordrains.co.uk/site-content/1/PPG4.pdf"

c) Can you discharge to a watercourse or other surface water?
If it is not possible to discharge to a drainage field but you can discharge to a watercourse or surfacewater sewer you should consider installing a package sewage treatment plant. These can treat thesewage to a sufficient standard for it to be discharged directly to a watercourse. The watercoursemust be able to dilute the effluent so that it does not harm the environment. You will need our writtenpermission and you should always contact us before deciding on this option. If you discharge to asewer, you will need the consent of the sewer provider. (See Section 7 for more information aboutpermitting).

Note that this is only a consultation document about guidelines produced by the Environment Agency for England and Wales, the NorthernIreland Environment Agency and the Scottish Environment Protection Agency,

The italicised words imply there must be running water, which was my understanding from many years ago.

[wales01man]

Re: Scottish law re sewage over neighbouring property

Is this treated sewerage?or has it been through a septic tank and is the water that is usully discharged through a soakaway

[Dookist]

Re: Scottish law re sewage over neighbouring property

Is this treated sewerage?or has it been through a septic tank and is the water that is usully discharged through a soakaway

Hi… I am speaking on behalf of my friend so am not quite sure which kind of treatment the sewage will receive… I will try and find out.

- - - Updated - - -

Page 3 section c of "http://www.lanesfordrains.co.uk/site-content/1/PPG4.pdf"

c) Can you discharge to a watercourse or other surface water?
If it is not possible to discharge to a drainage field but you can discharge to a watercourse or surfacewater sewer you should consider installing a package sewage treatment plant. These can treat thesewage to a sufficient standard for it to be discharged directly to a watercourse. The watercoursemust be able to dilute the effluent so that it does not harm the environment. You will need our writtenpermission and you should always contact us before deciding on this option. If you discharge to asewer, you will need the consent of the sewer provider. (See Section 7 for more information aboutpermitting).

Note that this is only a consultation document about guidelines produced by the Environment Agency for England and Wales, the NorthernIreland Environment Agency and the Scottish Environment Protection Agency,

The italicised words imply there must be running water, which was my understanding from many years ago.

This is exactly it… the ditch is bone dry at certain times of the year…

[Dookist]

Re: Scottish law re sewage over neighbouring property

It's not domestic waste if it's been treated is it? Foul water drains often cross properties on their way to the sewer. The difference here is the drain is above rather than below the ground, and the waste you describe has been treated, so should possess similar properties to normal surface water drainage if it is being allowed to drain into watercourses. Without more, I would say yes they can.

I would have a look at the Flood Risk Management (Scotland) Act 2009 and also the Land Drainage Act 1991 to see if there is anything in there that can help.

In respect of the flood risk, if this does result in a flood then I would want to rely on the fact that I had raised my concerns as there could be tortious issues involved. I would particularly want to ensure that they were aware prior to any flooding (paraphrasing the seminal speech of Lord Atkin in Donoghue v Stevenson)...that I am so closely and directly affected by the act that they ought reasonably to have me in their contemplation as being so affected when they are directing their mind to the acts or omissions which will be called into question.

Proving that but for their additional waste water there would not have been a flood is likely to be hard.

Thank you for the post…I have not seen Donoghue v Stevenson… I will have a look. There is also Rylands v Fletcher, which may be relevant, I think…

[Ripped-Off]

Re: Scottish law re sewage over neighbouring property

I have not seen Donoghue v Stevenson

You're joking!! It is the landmark case that established the neighbour principle. I doubt whether it will be of any assistance to your friends case unless they actually suffer loss as a result of negligence.

Rylands v Fletcher

Yes, I thought about that originally, but unless the treated waste is the sole cause of any future flood I doubt whether that will help either.

As it stands your friend has suffered no loss. They are however apprehensive about the possibility of future loss. That is where you might have a claim in negligence if things go 'smelly' (no pun intended). Until then you have to determine if the law in Scotland allows such discharge onto and through adjacent properties via a dry ditch.

[Dookist]

Re: Scottish law re sewage over neighbouring property

You're joking!! It is the landmark case that established the neighbour principle. I doubt whether it will be of any assistance to your friends case unless they actually suffer loss as a result of negligence.

What about the damage to the environment from undiluted bacteria?



Yes, I thought about that originally, but unless the treated waste is the sole cause of any future flood I doubt whether that will help either.

As it stands your friend has suffered no loss. They are however apprehensive about the possibility of future loss. That is where you might have a claim in negligence if things go 'smelly' (no pun intended). Until then you have to determine if the law in Scotland allows such discharge onto and through adjacent properties via a dry ditch.

Exactly…If anyone can help with this query, please, it would be greatly appreciated. Dookist.

[wales01man]

Re: Scottish law re sewage over neighbouring property

Is it treated or untreated ?

[des8]

Re: Scottish law re sewage over neighbouring property

In your first post you queried why your friend's neighbour would not "have a normal septic tank rather than a system which discharges into a waterway".
1)assuming this is an existing property (?) what is the existing system
2) septic tanks discharge either to a soakaway or a watercourse
3) it is possible that the geology of the neighbours land is not suitable for a soakaway, and so discharge to a watercourse is the only option.
4) perhaps installing a package treatment sewage plant that discharges effluent treated to a suitable standard is the best option available.
If it is an existing property this may be an improvement over the existing system

[Dookist]

Re: Scottish law re sewage over neighbouring property

Is it treated or untreated ?

Treated…

[Dookist]

Re: Scottish law re sewage over neighbouring property

In your first post you queried why your friend's neighbour would not "have a normal septic tank rather than a system which discharges into a waterway".
1)assuming this is an existing property (?) what is the existing system
2) septic tanks discharge either to a soakaway or a watercourse
3) it is possible that the geology of the neighbours land is not suitable for a soakaway, and so discharge to a watercourse is the only option.
4) perhaps installing a package treatment sewage plant that discharges effluent treated to a suitable standard is the best option available.
If it is an existing property this may be an improvement over the existing system

I'm not sure what the current system is but presume a normal septic tank… all I know is that raw sewage has been surfacing on neighbouring properties..A discharge into a watercourse would probably be feasible if the ditch had a good flow of water all year round, but it doesn't… Dookist.

[des8]

Re: Scottish law re sewage over neighbouring property

So the current system which discharges raw sewage is unsatisfactory as obviously raw sewage should not be appearing.

This suggests it is a septic tank not working properly (needs cleaning?) or a cess pit which needs emptying or repair.
Or it may be that the ground is not suitable for the necessary filtration system required for discharge to ground, and so the best solution is a treatment plant with discharge to a water course which generally has flowing water.
This of course is only my surmise.
Has your friend discussed the matter with her neighbour, who appears to be trying to stop an existing problem.