Blocked Drain caused by next door

jonomassey

Hi,

Over the last 4 weeks our drain has been blocked and I have had to unblock it using rods I bought from b & q. Its only my property that is getting blocked as we are a end terrace on the end of the road. Everytime I unblock it there is nothing coming through to next door other than soft solids and tissue. I have felt a little resistance on the rods when unblocking which made me think the drain may had collapsed. Having unblocked it for the 3rd time this week I went round to my neighbours and used the rods to try and unblock it back towards my property. The rods wouldn't go any further than about 3 feet raising my suspicion that its collapsed underneath my neighbours property.

I phoned my neighbour as the property is currently empty awaiting new tenants and he said that its not his problem as his drain isn't blocked. My question is that am I right that he should be the one to fix the problem as its on his property? I've had a quote for a camera to be put down there at £150 but my neighbour is unwilling to pay any of this cost. I need to get this fixed quickly as we are putting our property on the market in the next few weeks.

Any advice would be appreciated.

Thanks

anotherbaldrick

Suggest to the next door landlord that he does have an interest in the problem . It sounds as if the drain is fractured so tell him that from the location you have determined the leak is on his property and the soakage into the ground will be damaging the foundations of his property . I feel in law that the responsibility for the drain is yours and the deeds will permit you access onto his land to repair and maintain your drain but put the frighteners on the next door owner first.
I assume the position of the break is on next doors property, not under his actual building footprint.

jonomassey

Yes the drain is on his property but very close to the back wall of his house. He did say i can have access to repair the drain but he wasn't going to contribute in getting it fixed. So what your saying is that the drain is my responsibilty as its between my property and his even though the damage is on his land?

My dad is in the building trade and he said he could get somebody to fix it for £200 but it means digging next doors proporty up, repairing the drain and re-concreting but surely if next door isn't happy with the work I would be liable to repair it?

Cardew

How old are the houses

jonomassey

Built in 1905 so pretty old

Gothicfairy

I think you should be able to get this fixed through your water company for free if the house is that old but I would check first.

Give them a call and see what they suggest.

Cardew

Drains of houses of that age are the reponsibility of the Water Company.

Next time it blocks, just call them out. Don't tell them what you think might be the problem etc - let them investigate.

jonomassey

Thats what I thought but we had severn trent contractors on our street and i asked them to take a look and they said its our responsibilty. Suppose I could phone severn trent themselves and ask them.

bryanb

I'd diplomatically tell ST that it is their responsibility. The water companies are well aware of it.

anotherbaldrick

jonomassey wrote: »

Yes the drain is on his property but very close to the back wall of his house. He did say i can have access to repair the drain but he wasn't going to contribute in getting it fixed. So what your saying is that the drain is my responsibilty as its between my property and his even though the damage is on his land?

Hi jonomassey. I am afraid that in law as the drain only serves your house being the top of the drain run it is your private drain and your responsibility (1936 Public Heath Act, Water Act 1993, 2001) It is not until it joins with the next property, presumably at the manhole you refer to that it becomes a "Private Sewer" and then responsibility is shared between the properties connected.
sorry.
Probably better to get a builder in to do a quick repair rather than spend money on surveys !

bryanb

anotherbaldrick wrote: »

Hi jonomassey. I am afraid that in law as the drain only serves your house being the top of the drain run it is your private drain and your responsibility (1936 Public Heath Act, Water Act 1993, 2001) It is not until it joins with the next property, presumably at the manhole you refer to that it becomes a "Private Sewer" and then responsibility is shared between the properties connected.
sorry.
Probably better to get a builder in to do a quick repair rather than spend money on surveys !

See post #7