Legal responsibility for shared supply pipe?

Walter1

Hi - Sorry for the length of this post, but I must give you some facts. I share a water supply pipe from the main at the front boundary with my immediate neighbour. It runs along the side boundary between our 2 houses (circa early 1950s). We live on a hill, and our neighbour's house is about 5 feet higher at the boundary than our property. I have been building a supporting wall on the edge of the boundary, and found the supply pipe last year with my spade when digging a trench for my concrete base! I am not sure whether that was why I subsequently realised that the pipe was weeping - I called out the water board, who stated that it may well have been leaking for some time, being a nearly 60 year old cast iron pipe, and that I should have it replaced. I spoke to my neighbour, who was not interested in getting involved at all, so as I could not continue to build the supporting wall with the leak, I had to get my side replaced anyway. It cost me £908 - they ran new pipe from the mains supply, and used a special connection coupling to connect the new pipe to my neighbour's old cast iron pipe, after hacksawing the old pipe off where it tee'd away into their side. They warned that it may not last long, and surprise, surprise, it has started leaking again now that I have built my supporting wall around it and backfilled with earth to the boundary. I know, because I can see that one of the concrete blocks on the bottom row of my wall adjacent to where the old/new pipe connection is, is definitely damp. I can no longer access the pipe from my side, and the connection is my neighbour's side of the boundary. Am I, or was I ever, liable for any future repairs to this supply pipe? It needs more new pipe to be run from mine into the neighbour's kitchen, but they refuse to cooperate, and now ignore me :mad:

Can I legally insist that they get involved financially and physically to allow the replacement pipe to be fitted their side? We want to move house, but this leak will eventually undermine the foundations etc, and I do not want to pass that on to any new owner! Please, any advice is greatly appreciated - it's really worrying me

Cardew

This sounds like a dispute that makes lawyers richer!!

I suspect that your neighbours have a legitimate argument that the work you had commissioned caused the problem and it is your financial responsibility.

I would write to the Water Company and report a leak - they have a statutory duty to get it fixed and see what they suggest; they will have come across this problem many times.

Walter1

Thanx for your reply Cardew

I understand that I commissioned the work for the replacement pipe, because I had to in order that I could continue to build the much needed supporting wall, but would certainly have replaced the whole shared supply pipe if my neighbour had agreed to it, but they refused right from the start.

As I mentioned before, the Water Board have already sent someone out once, and they advised that the whole supply pipe should be replaced - is it now my fault that there is still a leak on the connection to the pipe they refused to replace originally? If the Water Board now tell me that I must also pay to have their side replaced (at an inflated price as a now separate job), I will be really peeved :mad:

sprocker1

I had a simular problem at a previous house.....

We shared a supply pipe with 4 other houses. A leak was discovered. The way the water company decides what needs replacing / who pays is as follows

if the pipe runs like this

(pavement)

---

my house

---

next doors house

(with the

---

being the pipe)

From the pavement to the fist house, if a leak is found, BOTH occupents have to pay, if the leak is from your house to your neighbours then they have to pay.....

I hope this helps?

Walter1

Thanx for your input sprocker1.....;)

I have already had my side replaced, so I would take it from your experience that my neighbour should pay for their side of the pipe connection. I'm just a bit nervous as to how my local Water Board will react when they realise that I have already had my side replaced, connecting polypipe to cast iron - they might say I'm liable because of this :eek:. However, I only commissioned the work because of the risk of subsidence next door, and the fact that my neighbours were unwilling to commit to any pipe replacement work.

Maybe I should just take the bull by the horns and contact my Water company anyway............

uncovered

from reading what you have posted here is my take.

Your neighbour would be responsible for the repair as it is on a pipe which solely feeds their property. The water which feeds your property does not come through the pipe which is leaking (I think that is what you are saying)

The part of the pipe you are both responsible for is the new bit of pipe from the position where your neighbours pipe is teed in to the boundary of the property. Your neighbour should have chipped in to replace that section of pipe but it sounds like you didn't stand a chance with that.

It sounds aswell like you may struggle to get your neighbour to repair this leak. Basically the only option you have is to get your local water company out, they can check for a leak and if it is pinpointed that it is on your neighbours branch then they will issue him with a waste water notice, if he doesnt get it fixed then the water company can come onto his land and repair the leak and invoice him. Again I am assuming that the length of your supply pipe does not fit into the free leak repair policy run by the water companies.

Walter1

You are essentially correct 'uncovered' - I think the leak is on the connection of the new pipe to the old........ This connection is just their side of the boundary.

After paying £908 to have my side repaired, I claimed the one-off £200 rebate my water company offered for first time work done on the supply pipe. They have simply adjusted the monthly payments. The offer stated that the rebate would be issued to whoever presents a relevant invoice for any work done, which I, of course, possess. I would therefore assume that they will not issue any further rebate for any other repair work done on this supply pipe.

My only concern is how the water company may view the fact that the whole lot wasn't replaced in one hit, as they could suggest this has not cured the original leak, so I am still liable? :eek:

forgotmyname

Wonder if its possible to make the leak affect him or his side without being naughty?