Pipes from neighbour's new extension into our loft

moneyistooshorttomention

I'm also of the "cut and cap" school of thought.

However they got it in your loft - the fact remains it is in YOUR loft - ie on your territory.

I'd then plead ignorance as to why their pipes weren't working any longer and they would, at some point, go on and have their workmen re-do the pipes on their territory instead. I don't suppose your loft itself is over the party wall and anyway, if they start kicking up, then you would have the comeback of "Where was all the Party Wall Act stuff when your extension was going on? I saw no sign of it and the law says I should have".

MisterBaxter

moneyistooshorttomention wrote: »

I'm also of the "cut and cap" school of thought.

However they got it in your loft - the fact remains it is in YOUR loft - ie on your territory.

I'd then plead ignorance as to why their pipes weren't working any longer and they would, at some point, go on and have their workmen re-do the pipes on their territory instead. I don't suppose your loft itself is over the party wall and anyway, if they start kicking up, then you would have the comeback of "Where was all the Party Wall Act stuff when your extension was going on? I saw no sign of it and the law says I should have".

Even if the pipes are trespassing they are still the property of the neighbour and cutting them off could be construed as criminal damage. Even damaging your own property can be considered criminal damage under certain circumstances.

PWA could potentially be used to obtain an injunction requiring removal of the pipes even after the fact, other civil processes could also be used but a solicitor is best placed to advise.

My advice to OP is don't risk a criminal charge when other remedies are available.

forgotmyname

They must have been in your loft to fit that, are you 100% sure the pipes are not yours?

AlanCarter

MisterBaxter wrote: »

Even if the pipes are trespassing they are still the property of the neighbour and cutting them off could be construed as criminal damage. Even damaging your own property can be considered criminal damage under certain circumstances.

PWA could potentially be used to obtain an injunction requiring removal of the pipes even after the fact, other civil processes could also be used but a solicitor is best placed to advise.

My advice to OP is don't risk a criminal charge when other remedies are available.

Only if it endangers life and cutting and capping unused pipes in your loft won't do that.

DRP

daveyjp wrote: »

Time to ask the neighbours what they are going to do about this problem.

Have you done this yet?

I think their attitude to the news, will help define what actions to take...

MisterBaxter

AlanCarter wrote: »

Only if it endangers life and cutting and capping unused pipes in your loft won't do that.

I would say it could apply even in cut and cap as it would constitute damage and you can't know for sure what the outcome would be. Trespass isn't necessarily 'lawful excuse'. I know you highlighted the bit about damage to your own property but I mentioned it more for effect and not so much that it would apply in the case of the OP. The damage to someone else's property was the key point.

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2)A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a)intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

(b)intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

AlanCarter

MisterBaxter wrote: »

I would say it could apply even in cut and cap as it would constitute damage and you can't know for sure what the outcome would be. Trespass isn't necessarily 'lawful excuse'. I know you highlighted the bit about damage to your own property but I mentioned it more for effect and not so much that it would apply in the case of the OP. The damage to someone else's property was the key point.

How would that endanger life?

All the op needs to say is I thought they were redundant pipes from my home so I removed them.

dominoman

This is still your neighbour. Cutting and capping the pipes is not going to do much for your neighbourly relations!

If I understand the loft was previously open between both sides, so they didn't need to enter your loft space to do this. The current pipes are over the party wall so also not in your loft space.

I think this is fuss over nothing

phil24_7

Please speak to the neighbour before deciding the next course of action. They may be mortified to learn their waste goes through your loft space.

Regards
Phil

phil24_7

dominoman wrote: »

This is still your neighbour. Cutting and capping the pipes is not going to do much for your neighbourly relations!

If I understand the loft was previously open between both sides, so they didn't need to enter your loft space to do this. The current pipes are over the party wall so also not in your loft space.

I think this is fuss over nothing

If and when they leak, they will leak into the OP's loft space! If they had built up another wall on top of the party wall, and the pipes had been run down through that then that would be a different matter.