shared fall pipes

jobab

My terraced house shares a fall pipe with two adjoining houses. The fall pipe is situated on my wall but is leaking and needs repair. I think the maintenance costs should be shared across the three houses but I am not 100% certain. Does anyone know if this is the case. The deeds for my house say this

"the spouts fall pipes and drains now used in common with the said premises hereby conveyed and the said adjoining dwelling houses shall be party walls spouts fall pipes and drains and shall be maintained cleansed and repaired accordingly"

I have sent a polite notice to the other two house owners and included a quote for the repair work which I believe should be shared.....please help

ognum

not sure I read it your way but I'm not a lawyer. I read it that is your responsibility to maintain these for the benifit of your neighbours.

I am sure the cost of a down pipe is not that great and if your home is being damaged I would just get it done.

G_M

I read it that responsibility for the down pipes is same as for party walls (ie the shared walls between the two adjoining properties.)

I assume party walls are jointly owned/maintained, so in this case the down pipe responsibility is shared.

ognum

G_M wrote: »

I read it that responsibility for the down pipes is same as for party walls (ie the shared walls between the two adjoining properties.)

I assume party walls are jointly owned/maintained, so in this case the down pipe responsibility is shared.

Interesting thanks GM

jobab

G_M wrote: »

I read it that responsibility for the down pipes is same as for party walls (ie the shared walls between the two adjoining properties.)

I assume party walls are jointly owned/maintained, so in this case the down pipe responsibility is shared.

Thanks for this. One of the owners of the other house has not paid as of yet. Do you know if I can enforce this without the expense of a solicitor?

Southend1

On the one hand it would be sensible for the neighbours to share the cost, after all it's their waste using the pipe too. On the other hand, whose garden will be full of sewage if the leak gets worse? Will be interesting to hear what the response is from the neighbours.

jobab

Southend1 wrote: »

On the one hand it would be sensible for the neighbours to share the cost, after all it's their waste using the pipe too. On the other hand, whose garden will be full of sewage if the leak gets worse? Will be interesting to hear what the response is from the neighbours.

Thanks the shared fall pipe is for rainwater from the roofs this just go into the drain. One neighbour has been ok and paid their share but the other is a bit more challenging

ognum

jobab wrote: »

Thanks for this. One of the owners of the other house has not paid as of yet. Do you know if I can enforce this without the expense of a solicitor?

Do you think you should consider whether it is sensible to be in dispute with a neighbour as this may affect a future property sale!

Just a thought

jobab

ognum wrote: »

Do you think you should consider whether it is sensible to be in dispute with a neighbour as this may affect a future property sale!

Just a thought

thanks - the house that has not paid has a tenant in it and I am dealing with the landlord - this maybe why they are more challenging - ha

ognum

jobab wrote: »

thanks - the house that has not paid has a tenant in it and I am dealing with the landlord - this maybe why they are more challenging - ha

Not sure why that would be, it's in the LL interest to maintain the property and at least he can reclaim it agains tax!

G_M

Yes, you could enforce via the court's Small Claims Track.

https://www.gov.uk/make-court-claim-for-money/overview

But legal action is always undesirable, especially between neighbours with whom you'll inevitably have an ongoing relationship.

And the cost cannot be much can it........?

If the reluctance continues, I would write a polite non-confrontational letter addressed to both neighbours, thanking the one who paid for his 1/3rd contribution, and saying that in the interests of protecting the brickwork from penetrating damp you are now instructing contractors.

Either the other guy will feel guilty and pay, or he won't.

Just word it carefully so you do not set a precedent by, for example, implying or stating that you accept he does not need to pay.