Potentially complex question concerning responsibility for a collapsed drain

milzibkit

Hello,

To try and cut a very long story short:

I purchased a house recently. Our surveyor picked up on movement to part of the house and recommended we get a drain survey to make sure this wasn't the cause.

We did, and the drain guy said all was fine with our drains but mentioned in passing that they'd found a lump of concrete in the communal run and that it would eventually block up. I stupdily didn't read the survey and went ahead with the purchase happy that the our drains were intact and that at some stage in the future I would ask a drainage company to clear the lump of concrete to the communal run.

Having moved in, it is obvious that the movement to the house is quite severe and is isolated to one particular area. I dug out the CCTV survey and realised that the part of the communal run that was blocked witht he concrete actually runs next to/under the part of the house which has moved, and that the lump of concrete could actually be a collapsed drain, not just some debris that has been washed in. It was at this point that I realised I really should've read the drain survey!

Directly above this potentially collapsed drain and next to the part of our house that's moved is a new patch of concrete hardstanding (apx 1m2) which I assume was replaced when the water mains to our group of houses were renewed by the utility company a couple of years back.

I am fairly sure that my house has suffered movement because of 1 of 2 reasons: 1. When the water main was renewed, the foundations were disturbed during hacking up of the original path and laying of the new path or 2. When the water main was renewed, the hacking up and laying of the concrete hardstanding disturbed or caused the collapse of the drain, which has then caused the ground level to slip.

I need to fix the cause of the movement to the house, either by underpinning or whatever else is required, and am fairly sure I won't be covered by insurance because it was there when I moved in (even though i told the insurers the building had moved)

I'm fairly confident the water company are liable for repairing the collapsed drain (pre 1937, communal run), but would they also be held responsible for the work required to secure my house? How would I go about proving that the collapsed drain or the work to replace the water main were the cause of my house's movement?

Cardew

milzibkit wrote: »

I'm fairly confident the water company are liable for repairing the collapsed drain (pre 1937, communal run), but would they also be held responsible for the work required to secure my house? How would I go about proving that the collapsed drain or the work to replace the water main were the cause of my house's movement?

Have you got your terminology correct here?

From your post above it would appear that the concrete is in a sewer not a drain.

For pre 1937 properties(2 or more entering a sewer) it is the water company's responsibility although I believe it all passes to the local council soon. However the householder can still be held responsible if it is proven that they caused the damage/blockage.

Sounds like you have a 'chicken or egg' situation; did the moving house collapse the sewer or vice versa.

Personally I would get in a surveyor and get him to give an opinion. They are far more likely to side with you if you are paying the bill - after all it is just an opinion and he who pays the piper calls the tune.

In addition you can call in the local council who might send a Surveyor.

Armed with(hopefully) 'independent' expert opinion, the water company are less likely to put up a fight.

milzibkit

Cardew wrote: »

Have you got your terminology correct here?

From your post above it would appear that the concrete is in a sewer not a drain.

For pre 1937 properties(2 or more entering a sewer) it is the water company's responsibility although I believe it all passes to the local council soon. However the householder can still be held responsible if it is proven that they caused the damage/blockage.

Sounds like you have a 'chicken or egg' situation; did the moving house collapse the sewer or vice versa.

Personally I would get in a surveyor and get him to give an opinion. They are far more likely to side with you if you are paying the bill - after all it is just an opinion and he who pays the piper calls the tune.

In addition you can call in the local council who might send a Surveyor.

Armed with(hopefully) 'independent' expert opinion, the water company are less likely to put up a fight.

Thanks for the reply.

Yes, the concrete is in a sewer, which serves more than just my property.

Although the properties are old (150 years or so) they have suffered very little movement, which is what makes me think that the sewer is what has caused the house to move, not vice versa. Or that it was the work that the water company carried out in replacing the water main above the sewer that has caused the problem.

I've arranged for another CCTV survey to see if it is definitely a collapsed sewer; if so I will be asking the water company to rectify the collapsed sewer and the damage to the house.

Are there any thoughts on the likelihood of the water company paying for all the works assuming I can adequately prove that it was their sewer or their work to the concrete hardstanding which caused the problem?

Cardew

milzibkit wrote: »

Are there any thoughts on the likelihood of the water company paying for all the works assuming I can adequately prove that it was their sewer or their work to the concrete hardstanding which caused the problem?

They would have no option but to pay, but to 'adequately prove' will be the difficulty.