Access to neighboring property

[maypat]

Hi,

I want to install a downstairs toilet under the staircase, my neighbors garden backs onto the wall where I need to install a 4"RWP fitted on my wall but need to excavate in her garden to return to the sewer in my back Garden.

I spoke to my neighbor about 4 weeks ago see said she will ask the church as we have up to now assumed it belongs to them, anyway after two week we spoke to her again and she said now I can't excavate in her garden so few words where exchanged. the house actually belongs to her as I found out from Land Registry.

We really need a downstairs toilet as both our parents are in their 80's and unable to manage the stairs that much now as they need to quite regular when we bring them over to ours.

So last week I looked at installing a a saniflo system that would not need any excavation as the pipework RWP would be wall fixed to my side wall but in her garden at high level. I spoke to the council and they need Building Regulation approval which is fine and the cost is around £280 for this application.

So before making the application in case the Neighbor then still did not grant us access we sent them a letter explaining what the new solution was and if she was happy if she could sign and return the agreement, so that we can complete the council building regulation application form.

Spoke to her over the phone and she said it with her legal representative, not sure why she has done this I know she can be a pain but for something that will be checked by the council both prior and after the works are done plus it on brackets on my wall.

Thanks, Hope someone can help on the legal issue if there maybe any

Mayur

[charitynjw]

Re: Access to neighboring property

Hi,

I want to install a downstairs toilet under the staircase, my neighbors garden backs onto the wall where I need to install a 4"RWP fitted on my wall but need to excavate in her garden to return to the sewer in my back Garden.

I spoke to my neighbor about 4 weeks ago see said she will ask the church as we have up to now assumed it belongs to them, anyway after two week we spoke to her again and she said now I can't excavate in her garden so few words where exchanged. the house actually belongs to her as I found out from Land Registry.

We really need a downstairs toilet as both our parents are in their 80's and unable to manage the stairs that much now as they need to quite regular when we bring them over to ours.

So last week I looked at installing a a saniflo system that would not need any excavation as the pipework RWP would be wall fixed to my side wall but in her garden at high level. I spoke to the council and they need Building Regulation approval which is fine and the cost is around £280 for this application.

So before making the application in case the Neighbor then still did not grant us access we sent them a letter explaining what the new solution was and if she was happy if she could sign and return the agreement, so that we can complete the council building regulation application form.

Spoke to her over the phone and she said it with her legal representative, not sure why she has done this I know she can be a pain but for something that will be checked by the council both prior and after the works are done plus it on brackets on my wall.

Thanks, Hope someone can help on the legal issue if there maybe any

Mayur

http://www.ciphe.org.uk/consumer/saf...isconnections/

[wales01man]

Re: Access to neighboring property

Read the installation instructions on a Saniflo you may not need to go on the neighbours property

[maypat]

Re: Access to neighboring property

Read the installation instructions on a Saniflo you may not need to go on the neighbours property

Thanks for advise, however the location of toilet is near kitchen and cannot go through flooring as it is tiled, so the only way is out and clipped to side of wall.

Thanks anway

[Crazy council]

Re: Access to neighboring property

Having soil pipes either underground or raised above ground on your neighbors property's a nightmare to deal with, infact, messing with surface or soil drain between property's is a nightmare so you would need to make sure any contractor has the insurance coveridge.

What does the insurance co say about cover ?
She would have to clear it with her mortgagee co and insurance co

doing nearly everything else to a property is less bother and works having to cross property you dont own with a drain.

It would honestly probably costs you a lot less to dig your own floor up and put it under there

[charitynjw]

Re: Access to neighboring property

[maypat]

Re: Access to neighboring property

Having soil pipes either underground or raised above ground on your neighbors property's a nightmare to deal with, infact, messing with surface or soil drain between property's is a nightmare so you would need to make sure any contractor has the insurance coveridge.

What does the insurance co say about cover ?
She would have to clear it with her mortgagee co and insurance co

doing nearly everything else to a property is less bother and works having to cross property you dont own with a drain.

It would honestly probably costs you a lot less to dig your own floor up and put it under there

Thanks for your comments however this surface mounted at 3 meters at high level, so should not have any issues, the insurance cover does not exclude it

[Ripped-Off]

Re: Access to neighboring property

It is a well established principle that a person owns the airspace above the land, so if your drain, even if it is fixed to your wall, enters your neighbours airspace then, normally, this would be a trespass. The exception to this is that the landowner’s rights for airspace extends only to such a height as is necessary for the ordinary use and enjoyment of the land and structures on it. I doubt though whether your pipe fixed to your wall would qualify as an exception.

[wales01man]

Re: Access to neighboring property

Why cannot the pipe be clipped to the wall above the floor?Internally

[Crazy council]

Re: Access to neighboring property

the insurance cover does not exclude it

If you alter any of the services yourself ( gas,water,electric,surfacewater,sewage )its wise to inform your insurance co first, if your property is subject to a mortgagee, you have to inform them prior to starting. If your crossing a neighbors property, you would also need permission from theres ( CAN BE DONE, BUT JUST LOTS OF PAPERWORKS AND DELAYS, ),