help with neighbour

trinity_enigma

I'm not sure if this is the right place in the forum for this or not so sorry if I'm wrong.
Our neighbour cornered oh earlier and told him that he HAS to get our drains connected up to the sewage mains (they only put it in the village about 5 years ago) because apparently we are flooding his garden and the other neighbours (who are trying to sell the house after the owner died recently).

We have lived here 5 years and this is the first time he has said anything. Plus before we moved in and it was owned by ohs grandma he built a garage at one side of the garden and a pond at the other which basically blocked up our soakaways so if he's having problems it's down to him! He said if we don't sort it "It's going to cost us" so whether that's a threat of legal action or what I don't know.

I'm feeling really stressed and upset about it. I don't know where we stand legally. We can't afford to get connect to the sewers can we do anything about the soakaways? Is appreciate any advice as I'm so stressed out about this. I don't want to have angry neighbours but I just don't know how to fix the situation.

Doozergirl

Soakaways are for rainwater. That's the best place for rainwater to go and where most builders will be asked to divert rainwater to, not the sewers, as it overloads them.

Is this a 'waste' water problem or rainwater? Soakways aren't the most expensive things to deal with.

How does he know that it's your water flooding them?

trinity_enigma

Well I think its rain water really because I've only ever noticed his garden is flooded after periods of rainfall but he said we are killing his grass so maybe it's more than that?

He thinks it's us because the neighbour the other side (my mil) has a lot of garden between their house and his so she's not an immediate problem and also apparently our neighbour the other side is have the same problem (according to him I don't know if it's actually true or not) and we're the common denominator.

He has an L shaped garden that wraps around our garden and the other neighbour goes down the other side. Beyond that is only fields.

Sorry if I'm not providing the right information as firstly I don't have a clue about sewage, septic tanks, soakaways etc and secondly I didbt speak to the neigh our myself.

teneighty

Surely if you have a shared rainwater or foulwater drainage system there are easements in place to cover its use and maintenance. Even if there are not formal easements there must be prescribed rights through prolonged useage (20 years off top of head).

Neighbour should not be able to arbitrarily force you to alter your part of the system. If the soakaway/irregation network has failed it should be a shared cost to repair/replace it. Connecting to the new public sewer may be the cheaper option.

stator

If we're just talking about rainwater flowing via normal means through the ground, ie no channel, I don't think he has a leg to stand on.
If water goes through his land he can channel it how he wants.

izzy65

Hi we live on a hill and are near the bottom, neighbour next one up and one beyond them have had bad flooding, due in part to the removal of trees further up a logging contractor removed them, next door tried to divert all his surface water into our land, dh told him that if he did we would get a pump and give it back to him:rotfl:,
Our garden is always wet even though we have a waven channel all the way around and it runs into the field we have next to us, we were told that surface water from neighbouring property's was our problem and the neighbours were not responsible, so sounds like you are in the clear and the neighbour will need to solve it himself.

moneyistooshorttomention

~Getting a bit confused here at "surface water from NEIGHBOURING properties was our problem" - coupled with "the neighbours were not responsible".

I read that as its the neighbours' surface water - which would equal the neighbours are responsible.

Ant555

My garden has been wetter this year that it has for a very long time.
It been waterlogged in varying degrees for most of 2016 so far and I'm putting that down to the amount falling from the sky. The land I am told is generally clay round my area so I believe that this is why it sits around for a while.

If I read the posts correctly, your neighbours on BOTH sides have 'flooding issues' so the angry neighbour thinks its you? But the person on the other side of him (your mother in law - 2 houses away from you?) has no issues?
Out of interest, if angry neighbours garden is L shaped then is it the wrap around bit at the bottom of your garden that is flooding.


I wonder if its just your soakaway is more efficient than his and due to the excessive rainfall this year its HIS that needs attention.

trinity_enigma

Thanks for your replies everyone. Definitely given me a few things to think about.

As far as I know my mil isn't having any problems but I haven't checked with her yet. The area of our neighbours ggarden that I have most often noted as flooded is actually the furthest from our garden (go figure). The part of his garden at the bottom of ours has a big pond in it and as that but used to be part of our property many moons ago I think that is part of the problem somehow.

Doozergirl

Your neighbour sounds delusional to me.

He's blaming you for rain?

I'd just wait to see what he does. I can't see how it could ever be your problem or how it could cost you.

The soakaway could be a problem if the area immediately around it were sodden, but no way is an unconnected piece of land anything to do, especially to the point that makes you liable for costs.

Soakways are perfectly normal and the recommended way of dealing with rainwater offrun.

Davesnave

trinity_enigma wrote: »

I'm feeling really stressed and upset about it. I don't know where we stand legally. We can't afford to get connect to the sewers can we do anything about the soakaways? Is appreciate any advice as I'm so stressed out about this. I don't want to have angry neighbours but I just don't know how to fix the situation.

Don't worry about connecting to the sewers, as that is very unlikely to be allowed these days.

You could have new soakaways put in if you think those that were once on your house's land are now on the neighbour's, but it's unlikely you'll need to, because if the land transfer was done properly and legally, the easement for any drains/soakaways would have been included at the time of transfer. The neighbour can't just decide now that any easements (if they exist) don't apply any more.

In any event, all a soakaway does is collect the water, which then percolates out into the surrounding land; it doesn't magically make the water disappear. Whenever there is a lot of rain, the water table in the land will rise and this will affect the lowest lying parts most. Water finds its own level. We've had some very wet winters too in recent years.

Sometimes it's not possible to have 'happy' neighbours, especially if they are the kind that corner you in the street and proceed to tell you what you must do to please them. It's best not to discuss matters in that situation or promise anything until all the facts are known.

As a matter of interest where does your foul water go? It won't be to a soakaway; it has to be either to a septic tank or a cess pit if you're not on mains drains. So, where is that?