Sharing drains

KRB2725

We have been approached with a request to share our drainage with a new build property being built next door.

It will require a pipe going across the width of our front garden (approx 20') and an easement agreement. It is a 1930's detached property, if it makes any difference.

Can anybody give an opinion as to the potential pro's and cons to the arrangement and also any idea as to how much we should be asking the developer to compensate us?

Thank you.

Ebe_Scrooge

Sharing drains is not uncommon - or at least, it used to be quite common. It makes a lot of sense from the developer's point of view, saves him a fair amount of time & money.

In theory it shouldn't be a problem. The issue comes when the drain gets blocked / damaged, then who pays for it ? A blocked drain is bad enough, if it actually collapses or gets damaged by tree roots, you're talking big money to get it repaired.

I'm no expert, but I would suggest at the very least you need to speak to your solicitor and get some legal agreement drawn up, RE who owns what bits, who's responsible for repairs, access to each other's land for maintenance / repairs if required, etc. I would think it's reasonable to ask the developer to pay your solicitors fees at the very least - see if he's prepared to do this before you do anything else.

Sorry, not much help I'm afraid, but that's what I'd be doing in your position.

KRB2725

Thanks for the reply. The developer will pay our legals and the easement will cover the repair and maintenance aspects. I just don't know if it's worth the (potential) problems that may arise.

They have said that they would make good our garden, but am struggling really to see what is in it for us. A payment has been mentioned, but we have no idea as to what a fair price would be. I don't know how much the water company would charge them if we refused.

MX5huggy

How far is it to the drains if they don't come across your land?

I know a local cricket club that pushed for too much for a pipe to go across their pitch (not the square) the developer chose to go the long way round.

KRB2725

I don't know (only got the call today, so haven't had chance to find out), I would imagine they would be in the road which would be another 10' or so.

Whilst we expect to be compensated, it is not about pushing for too much, we just haven't got a clue how much we are looking at to be fair to both parties. If it's not worthwhile, we will just say no and keep our drains to ourselves!

Lemanie_2

Hello,

It's not uncommon to share drains, and a properly worded easement would cover who pays what percentage of any repairs and maintenance and rights of entry etc so I wouldn't worry about that too much.

What is being built? If it is flats, then there might be extra strain on the drains but the developer should know this and put adequate ones in.

As to payment, I have seen various amounts being paid - I guess you could expect something like £1000 - £5,000 and it will depend on things like who is being built and how much the value of the new property is likely to be (i.e. if it is a development of flats, there will be lots of profit for Mr developer and he would be willing to pay more). Also, digging up the road will be more costly for the developer as they might have to get in traffic control etc of it is busy, so they might offer more to you.

See what they offer first, knowing that they will delibrately give a low offer hoping that you wont really know what to expect! Then see where you go from there.

KRB2725

Its just one 4 bed house - £375k ish selling price. Developer seems to be thinking between free and £1k.

keystone

Is the developer suggesting to join the drain at an existing inspection chamber (manhole) that is in your garden?

Cheers

keystone

Yes Andrew thats exactly where I was heading but your explanation might not be the whole story in this particular case depending on how the developer is suggesting to configure it. It may be that the OP ends up with less responsibility and therefore a smaller ongoing maintenance liability than he has now. Hence my question to avoid writing a raft of "what if" scenarios.

Cheers

KRB2725

keystone wrote: »

Is the developer suggesting to join the drain at an existing inspection chamber (manhole) that is in your garden?

Cheers

Yes, in the front garden.

keystone

emmatthews wrote: »

Yes, in the front garden.

Ok so currently you are responsible for the whole of your drainage though to the main sewer thats assuming that there isn't another drain from another property already joining at your manhole. If so and your house is pre 1937 then it becomes a public sewer at that point even though that point is on your land and the responsbility for that part transfers to the sewerage authority.

If the new house is joined in at the chamber then the new house is responsible for his entire drain up to that point. That is to say that he is not only responsible for the part of the drain under his land but also for that part under your land until it joins at the chamber.

In October it will change:

If the joining of the sewers hasn't taken place before then and its only your drain served by the chamber at present then you will remain responsible for the entire drain BUT only as far as your property boundary. From there until the main sewer it becomes a lateral drain and its the sewerage companies responsibility.

When the two drains are joined then the neighbour will only be responsible for that part of his drain up until the boundary. At that point it becomes a lateral drain up to the chamber and is the sewerage company's responsibility even though it will be on your property. From the chamber to the main sewer it will be a public sewer and you will only be responsible for that part of your drainage up to the chamber. So as far as you are concerned from next October you will not have responsibility for anything other than your drain to the chamber if this project goes ahead or to your boundary if it doesn't.

Sorry if that is/was longwinded but I hope it makes sense and deals with the responsbility and therefore eventual maintenance aspects.

Two further things:

As far as "compensation" I would ring the sewerage company and ask them how much it would cost to put a new build on mains drainage assuming x metres from house to main sewer where x is approximately the distance the developer has to consider with this build. You can the pitrch your compensation request if thats what you want to do at a level which puts it under the water co cost price but above their current suggested level by the developer. Whatever happens the devbeloper is only in it to make money. If he can't see a cost advantage to putting it over your land compared with doing a direct join to main sewer then he won't go for it. Equally they'll endeavour to pay you as little as possible.

Second and to go back to my earlier paragraph. If your existing inspection chamber has drainage from other 1930s properties joining it already then the sewerage company may not take kindly to another outlet being added in terms of volume and content. If you lift the lid on your chamber you'll see 4" pipework. When it gets into the street it will prolly be no more than 6" and these networks were designed when the occupants didn't put half the stuff down the loo that modern man has a tendency to do with the result that blockages are now frequent. So before you even enter the discussion with the developer I'd be getting the Sewerage Company's opinion.

Cheers