Combined drainage with next door .. what is our liability ?

sirish1979

G_M wrote: »

As Richard says, you need to clarify this. 'Main pipe' usually means water mains supply. So is she saying there are leaks in both your waste pipe and her Mains supply, and your sewage is seeping into her water supply pipe? If so, clearly this is very dangerous in terms of health, but since BOTH pipes would need to be broken, the reponsibility is shared.

If she means your waste water pipe joins their waste pipe, and is designed that way, well presumably it has always been like that.

But please clarify.

no it does not mix with there water supply pipe it mixes with there bathroom drain pipe

poppysarah

Did you solicitor also ask in writing if there was a neighbour dispute going on?

For this to crop up so soon I would have to assume words had been had about it before.

Richard_Webster

Has the connection to the neighbour's drains only just been made or has the neighbour only just discovered that the drains are shared?

Looks like a loopy neighbour.

sonastin

My guess (based on pure speculation) is that she doesn't believe it is a shared sewer. The previous owners probably told her that when she raised the issue with them and she's been annoyed since because they wouldn't do anything about it. So now there is a new owner, she's trying again to get it sorted out to her satisfaction. And if you move away and sell up before her, she'll try again with the next owner who will also tell her that its not their problem!

tyllwyd

There is quite a big Plymouth Brethren community in our area (a strict Christian church) and they won't buy houses with shared sewers.

martindow

tyllwyd wrote: »

There is quite a big Plymouth Brethren community in our area (a strict Christian church) and they won't buy houses with shared sewers.

But all drains are shared once they reach the street. Or do they only buy houses with private drainage and septic tanks?

tyllwyd

martindow wrote: »

But all drains are shared once they reach the street. Or do they only buy houses with private drainage and septic tanks?

I think its OK as long as your own sewer goes straight into the main drain.

beecher2

Where does the trespassing come into the equation? She's not saying that the waste is trespassing is she? Good luck dealing with her - she sounds hard work!

Richard_Webster

Quote:
Originally Posted by tyllwyd
There is quite a big Plymouth Brethren community in our area (a strict Christian church) and they won't buy houses with shared sewers.
But all drains are shared once they reach the street. Or do they only buy houses with private drainage and septic tanks?

The issue for them is having to share costs with neighbours who don't share their views. If it is a public sewer then they won't have any shared cost.

However in my experience in acting for Plymouth Brethren clients they are generally quite careful to check the point before they buy so it is difficult to imagine this neighbour being part of their community. It is not so much other people using a shared sewer through their property that would be the problem but the obligation to share the cost of its maintenance. So in one case I had, the Brethren client executed a deed renouncing any right to claim any part of the cost from a neighbour while he owned the house - he was prepared to take on the full cost himself.

Davesnave

sirish1979 wrote: »

....She was actually very threatening telling that we are tresspassing her property and she may sue us for that. and if we dont change it and if there is any problem of flooding then we will be responsible to cover all the damages it seems.

Anyone whose first approach to you is like that is likely to be hard work in the future.

As they say on the posters, 'try to keep calm and carry on.' Do not give an inch to this person, but remain civil. It may be that when she sees you're not to be bullied, everything calms down.

However, if she proves to be a Neighbour From Hell, your solicitor might like to look at the answers regarding neighbour disputes in the Questions Before Contract. If your vendors had problems which they did not disclose, you could have a claim against them. Early days yet, but it's something to keep in mind.