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Extension Over a Now Public Sewer

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Comments

  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 16 November 2012 at 6:52PM
    Davesnave wrote: »
    How does someone else's extension put your property in jeopardy? Surely this is what the Party Wall Act is for?

    You do know about the Party Wall Act? :)

    He has a tree near his extension and the (now public) sewer is very near his tree roots. I was proven correct that those roots had indeed got into our sewer. It might have proven necessary for the Water Board to use their powers to get inside his extension (as it had been built over his manhole cover). As long as our communal sewer is kept clear of his tree roots then they shouldnt be able to "scramble across" onto my land - as the Water Board will cut them out, as necessary, (at all our expense!!) at intervals to prevent them getting near to my land. Apparently the Water Board would rather spend public money at regular intervals to allow him to keep his tree than try and get him to remove it and save us all having to pay for that!!

    By their own admission they don't want the bad publicity they perceive would be involved in trying to actually solve the problem once and for all.
  • Freecall
    Freecall Posts: 1,336 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Simply put, if the building was constructed before Oct 2011 and Building Control approval was granted then there are no legal problems in this respect.

    Obviously, if there was a problem with the sewer at a later date that would be a different story but that has always been he case.
  • cwcw
    cwcw Posts: 928 Forumite
    What I can't believe is that this sewer adoption policy was brought in with seemingly no thought given to issues like this. At the very least there should be some form of well publicised legal guidance, stating clearly the position, e.g. extensions and buildings already built over the newly public sewers automatically have build over consent by default.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He has a tree near his extension and the (now public) sewer is very near his tree roots. I was proven correct that those roots had indeed got into our sewer.

    Right. So it was the tree, not the drain, that affected your property.
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