Real life MMD: Should we ask 'em for cash?

pennypinchUK

I don't know about the legal position, but the normal rule is that you are responsible for utility maintenance and repair requirements that occur beyond the input supply to your property. So it's just unfortunate that your neighbours may be contributing to the resulting damage, although the problem is yours. Unfortunately then, you're stuck with the bill.

Are you not insured for this?

dumble

Hi I had similar problem some time ago. I live in a close of approx 20 properties. Roots from a tree entered the sewer of a neighbour several properties along the close from us and broke the sewer pipe and hence blockage. The neighbour had to have the garden dug up and new pipes laid. It transpired that everyone in the close is responsible for the upkeep/repair of the sewers untill it joins the main sewer. Most people are covered by buildings insurance for this. The neighbours insurance requested insurance details from all the properties "upstream" so to speak from the damage, but not those "down stream" and so not effected by the blockage. The insurance companies talked to each other to sort the problem and the final bill for repair was shared between the seven properties upstream. We were informed by our own insurance of our share of the cost claimed from them and that the bill had been paid on our behalf by them to the neighbours insurance who then paid the whole bill. I think you wouls find this will apply to you also and all properties on the branch upstream of the problem are liable for a share of the cost of repair despite it not being on their property. It did not effect the premium we had to pay the following year for our buildings insurance.

silvercar

We have separate plumbing and drainage insurance as well as building insurance. We started to take this out after we had a similar problem, our neighbour was happy to contribute but the next neighbour along refused.

Their argument was that they had taken out all sorts of insurances to cover the cost of this sort of thing and so refused to pay. They did contact their insurer who said they would have covered the full cost (less excess) had the problem been within the boundary of the property they were insuring, nothing otherwise. The neighbours said that having made the choice to pay for insurance they weren't going to pay out for a neighbours problem when the neighbour could have chosen to insure.

Smithills

Speak to your local Envronmental Health Team. I have dealt with incidents like this in the past that have affected local rivers- I think all those that discharge into the affected pipe, whether affected or not have joint liability (the phrase "jointly and severally" springs to mind, but I'm not a lawyer!). EH will help you to resolve the problem equally between you all.

Some remedial work may need doing on the sewer- but again, it's the responsibility of all of you, not just you by function of being at the end.

EH can serve notice if it gets to that stage, but as with all these sorts of things, talking to all at an early stage can help smooth things along.

Good Luck

jkgray

This could be of assistance until october

http://www.argos.co.uk/static/Product/partNumber/7151354/c_1/1|category_root|Garden%20and%20DIY|14418702/c_2/2|14418702|Home%20security|14418707/c_3/3|cat_14418707|Home%20safety%20and%20alarms|14418708.htm?storeId=10001&referredURL=http%3A%2F%2Fwww.argos.co.uk%2Fstatic%2FProduct%2FpartNumber%2F7151354%2Fc_1%2F1|category_root|Garden+and+DIY|14418702%2Fc_2%2F2|14418702|Home+security|14418707%2Fc_3%2F3|cat_14418707|Home+safety+and+alarms|14418708.htm&jspStoreDir=argos&_%24ja=tsid%3A11674|prd%3A2010640&referrer=COJUN&cmpid=COJUN

JayD

I am not knowledgable regarding your legal position and the advice given above re claiming on your insurance and checking to see if the Water Board will soon be responsible seems extremely useful.

But your 'dilemma' doesn't address an important point - have you asked any of your non-suffering neighbours about this at all? Have you explained the problem and asked if they would be willing to share the cost to defray any possible future sewage leaks in their homes?

Jublet

Echoing Jantoby above, if you contact the Environmental Services department at your local council they will try to get all of the households affected to contribute on a voluntary basis. However, if no agreement is reached they have the power to get a contractor to do the work and then the Council will invoice each household for their share of the cost.

sweetsl

Okay, lets imagine that the problem is with another shared resource e.g. your roof. Let's say that you lived in a top floor flat and the roof is leaking. Yes, it is your problem that you have water running down the walls, and yes, it will take some time until the neighbours below start to have a problem, but they do still have to pay. It is a shared aspect of the building. So, I can't see how this is any different to your situation. The problem, whether directly affecting others yet or not still means that they should pay. Tell your neighbours what the problems is and say it in a way that they don't think that they have an option regarding paying their share. Even with agreement though, you need to think about how you are going to ensure that they all pay up once the work is done - if you contract the work to be done, you are responsible for paying in full. Get your neighbours to sign something in advance.

tallgirld

You may not be responsible for the underground pipe. Check your deeds.

carb

We had a similar problem some years ago. We weren't affected by the drainage problem directly but because we were connected to the same branch of the drain we had to contribute to the repair. I think you will find local environmental health department will (if you get them involved) force everyone connected to that branch of the pipe pay their share. HTH