sewage in back garden from a neighbours drain...who pays?

portbarbie

looking for advice, my parents are elderly pensioners who own thier home and the drain from next doors garden (council tenants)has spilled sewage all over my parents back garden. My mum called scottish water who r going to come out today at some point to have a look but who will pay for the clean up of my parents garden? Surley they do not have to claim their own insurance as this is a problem from a neighbours drain (and the drain in question does not service my mums house).
Id be really grateful for any advice on this
thanks in advane

slipperyshoe

Short answer is it depends but generally the property owner (in this case the Council or Housing Association or water company (Scottich Water) is liable. However if your parents share the drain (i.e. if their waste also connects to the system further down the line) they would be liable.

This may give you an idea.
https://www.anglianwater.co.uk/household/wastewater-services/Private-sewers-and-lateral-drains.aspx

A new law came into effect in October 2011 making water companies liable for drainage systems when outside your property boundary BTW so all those with insurance policies should check if they still need them (I'm sure we have all had those stupid letters scaremongering about drainage).

ormus

if all else fails just claim on your own insurance.
the insurance company will then try to seek redress elsewhere, if another party is possibly liable.
this is besides compensating you.

iamcornholio

Tell the parents to make a claim against the council - who will deal with it or pass it to their insurers to deal with

However, it will be down to whether they are actually liable or not, or if it was the tenants fault, or if the fault relates to the drains for which the Water Authority are responsible. A "first, unexpected event" may mean that there is no liability.

If the parents claim on their own policy, then the insurer will most likely counter-claim against whoever is responsible so this should not affect premiums if costs are recovered

phill99

The first port of call is to your parents own insurers. They will deal with the claim and then recover their costs from other third party insurers (council, other land owners etc)