Help: should I get rental on a sewage pipe

pewseytransport

I've just discovered there is a main sewer running through my garden (it wasn't spotted when I bought the house 18 years ago, another issue). Wessex Water want me to pay a fee for the privilage of building near it, but shouldn't they be paying me or a previous owner rent? How near does the pipe have ot be for me to pay rent?

thanks

Gothicfairy

Why should they be paying you rent ? It is commen for old terrace houses to have the main sewerage pipe running along the back gardens. It normally goes in a line and each house will have their share of the pipe.
You will have to pay to build near it as any damage could have major problems for everyone and the work needs to be done to the standard the water company require.

Why would you pay rent ? You are paying your water bill and that will include the sewerage charge for your property (either metered or RV)

pewseytransport

Its not the pipe connected to all the houses, its just another main that happens to go through, like having a telegraph pole in the garden. most people talk to seem to think there should be a wayleave like anything else and a small rent may be payable.

Gothicfairy

Where does the pipe go and where does it start ?

Does the pipe cause any problems ( I am guessing after 18 years the answer is no ) that require money to make the situation whole ?

I think I would notice a telegraph pole and as the house is owned by you then there could be an argument for you being responsible for what is on your land, or under it even.

I can't see why there should be any rent as a lot of people do have mains running near their house so it is not a new thing. The best people to talk to though are your water company but I should think the answer will be no chance.
Which company are you talking about ? Also it really doesn't matter what "most people" say as it is OFWAT and the water company that make the rules.

aleksrothis

I seem to remember being told that a one-off payment is usually made when the sewer is laid so presumably the previous occupier (or whoever owned the property at the time) would have received this payment. It's much simpler for the water company this way rather than making ongoing payments to changing occupiers.

Equally a one off fee may be charged for building near a sewer but you would be unlikely to be allowed to build within 3 metres of it.

Presumably you've gone back to the solicitor who did the searches during your purchase to complain that you weren't advised about the sewer?

pewseytransport

thank you gothic fairy I think I didn't properly make the point that they use a wayleave to stick a pipe on private land (it doesn't need to be there if you look at the pipe map) and then sting me for a charge for the privilege of building on my own land. In return for paying their fee I get nothing at all, except that if I don't pay they can hold up my building regs approval. In any other field its called "blackmail".

The solicitor who did my conveyancing many years ago doesn't exist any more.

Gothicfairy

Under the water act they can put a pipe on private land but I would be surprised if it was not needed as why would they bother otherwise ?

Is the pipe used ?Do you know when it was installed ? You might have a problem because it was put in before you got the property and you don't know what arrangement they came to with the land owner at that time.
Is there any way you can go back to the owner for that period ?

I do understand what you are saying though as if you do not pay the fee they could apply to have whatever you build removed which would be a waste of time and money.

what are you hoping to build ? Will it need a connection to the pipe ?

Fooled_once

pewseytransport wrote: »

... there is a main sewer running through my garden .... but shouldn't they be paying me ... rent?

I have a similar query. My father bought a new-build house in Liverpool 31 on a new estate [previously a green-field site] in 1965. The main drain or sewer for the estate comes through his garden and has a large raised manhole cover on a concrete plinth over it [the pipe is about 2ft6"diameter inside.] He said we must never put anything on it/near it/obstruct it from view as it had to be accessable to the 'Water Board' at all times. Is he entitled to rent or 'wayleave?' for the past 45years for this in the way that people with telegraph poles are? If so, who would we approach for back payment?