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

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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

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  • dshart
    dshart Posts: 439 Forumite
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    In England and Wales under regulations that came into force in October this year the responsibility for shared private drains became the responsibility of your waste water company. So if your neighbours drain passes through your land then it is the responsibility of the water company, so I would first check with them to see what they propose to do about it. At least thats how I interpret the new regulations.
  • Gothicfairy
    Gothicfairy Posts: 3,060 Forumite
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    You say Scottish water so does that meant they pay for the water through their council tax ? if that is the case and the property in question is council owned I would try there first.
    There is a race of men that don't fit in; A race that can't stand still;
    So they break the hearts of kith and kin, and roam the world at will.

    Robert Service
  • dshart
    dshart Posts: 439 Forumite
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    It may be different in Scotland as Scottish Water is still a public corporation, but it would still be worth checking with them to see if they are responsible for the cleanup.
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