Soil Pipe Trespass

Dickyp

Hi all,

Our neighbour has recently completed a loft conversion and we've just noticed that a soil pipe running from their new bathroom has been fitted on our side of the Party Wall - running for about 2 meters in total. There is also clearly some damage to our roof below the bend of the pipe before it returns to next doors property. This wasn't illustrated on any of the plans they shared with us nor did they request permission...

Having approached the neighbours amicably it's clear they will not do anything to rectify either the location of the pipe or the damage - VERY CLEAR!

Where do we stand? Is it Trespass? Who do we report it to!?

Thanks

R

Silver-Surfer_2

Do you have legal cover through your home insurance?

Dickyp

Unfortunately not...

Silver-Surfer_2

Speak to your local planning office then. If they won't help and he won't remove it other than taking matters into your own hands you maybe stuck with it.

DRP

not sure exactly how it is routed, but a shovel of cement into your side of the tube should do the trick.

cheeky bar steward.

Dickyp

Haha I did think of something similar....

The galling thing is, it passes right above my babies cot & the thought of the neighbours cr*p passing over head each night isn't pleasant!
As there's damage to the roof too and it seems as though there may be a leak - legal action may be the only route....(as well as moving the cot!)

Silver-Surfer_2

Dickyp wrote: »

Haha I did think of something similar....

The galling thing is, it passes right above my babies cot & the thought of the neighbours cr*p passing over head each night isn't pleasant!
As there's damage to the roof too and it seems as though there may be a leak - legal action may be the only route....(as well as moving the cot!)

Quick someone needs to think of the children.

teneighty

The trespass should be removed and all damage made good.

As there is no party wall award in place it is down to you to pursue this through your own legal channels. I would suggest that you initially write to them giving them 14 days to remove the pipe and make good all damage after which time you will appoint your own surveyor or solicitor and recover all additional costs from them.

It should be a relatively clear cut trespass on their part and sounds like they do not have a leg to stand on.

moneyistooshorttomention

teneighty wrote: »

The trespass should be removed and all damage made good.

As there is no party wall award in place it is down to you to pursue this through your own legal channels. I would suggest that you initially write to them giving them 14 days to remove the pipe and make good all damage after which time you will appoint your own surveyor or solicitor and recover all additional costs from them.

It should be a relatively clear cut trespass on their part and sounds like they do not have a leg to stand on.

or just take things into your own hands and remove it from your property (ie your airspace etc) yourself. After all - you are entitled to do what you please basically to your own property (and that includes airspace).

Add that the law allows people to trim back bits of neighbours plants that are overhanging into their airspace (subject to them offering the trimmings back to the neighbours) and I would imagine a very similar legal principle applies (ie allowed to remove their other possessions from your land - provided you return them to the owner of them).

For the roof - I'd get onto my insurance company and tell them the neighbour created the damage and let them go after them to get it sorted out.

Alter_ego

Cut pipe, fit a blank cap - wait.

Dickyp

Thanks teneighty, there may have been a PW notice served by the neighbour...
They came round while I was away and my wife signed what she thought was the plans - i.e. that she didn't have any objection to the loft conversion. They left no copy of the docs and despite myself asking for a copy on numerous occasions they've refused to produce this. Does that make a difference?