Soil Pipe Trespass

Alter_ego

Dickyp wrote: »

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?

Hard to say if she doesn't know what she signed.

Dickyp

moneyistooshorttomention wrote: »

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.

I have been very close to removing it - but not sure what happens if it ends up causing damage internally to their property....shame as I would love nothing more than to cap it off!

Tried the insurance company once and they were useless - will give it another go.... Thanks

Dickyp

Alter_ego wrote: »

Cut pipe, fit a blank cap - wait.

:T Hahaha - Oh I would so love to do that...

Silver-Surfer_2

Dickyp wrote: »

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?

If it's permission for the pipe what do you think?

But until you find out its mere speculation. There should have been some party wall agreement so more likely it was that.

System

Yeah, if she's signed/approved their plans which show the pipe and/or agree to give them access for the plumbing going there then this could get really messy!
Your wife really shouldn't have signed something that she didn't know what it was!

Dickyp

Absolutely it would but I can't imagine it would have been at that stage + I've looked at all the plans on the Council website and there's no pipework included on any of the visualisations...
They tell me that they did serve notice but won't produce a copy so hard to tell. When I raised the issue of the Soil Pipe they told me it was on the plans... but clearly not. Vicious circle....

Dickyp

the_r_sole wrote: »

Yeah, if she's signed/approved their plans which show the pipe and/or agree to give them access for the plumbing going there then this could get really messy!
Your wife really shouldn't have signed something that she didn't know what it was!

Yep - she knows that now! None of the plans (those on the council sites at least) detailed the pipework...

DRP

Knowing that the pipe isn;t on the council plans, I'd complain in writing and request they rectify the trespass, just for the paper trail. Give them 10 working days or something.

Then I'd give a separate request for copies of the paperwork you signed.

Then proceed with your action, be it direct 'maintenance' of your property, or legal proceedings.

lush_walrus

The SVP won't be on the planning drawings necessarily, it's location may not have even been known at planning stage. Also if it has been agreed to it won't be trespassing however what they should have done under the party wall act is more than just show your wife a bunch of drawings and ask her to agree on the door step so that is a bit sneaky or silly depending on their character.

With regards to the SVP leaking onto your baby, to settle your mind in the meantime it's highly unlikely, often in flats for example others Svps either join or pass through other flats so the pipes are able to cope with that without issue.

What level is their bathroom, is it in the loft conversion or lower. If at loft level then soil will be at that level and lower, if it's lower then the part you can see will be the vent so no liquid but gases.

What you need to establish is who carried out the building control checks for them, it's a small extension so it's likely to have been under building notice submitted by their builder to an assessor while building. It's often the council but there are also lots of private companies whom also carry it out. Once you see that you can see what is going on.

Fact is it sounds like your neighbours have been sneaky or nieve or misinformed about the process, served you with the correct notices. To give them the benefit of the doubt they may not even know that the builder has routed through your loft.

So two things you need to do, look into the party wall act and see whether they have followed procedure it doesn't sound as if they did but you may not have realised the importance of some things in the past. Then try to find out who signed off building control. Start with our local council, most small builders send plans to them rather than private companies.

If you have inadvertently agreed to the SVP coming into your loft it's not the end there is still court action but I wouldn't recommend that.

Dickyp

DRP wrote: »

Knowing that the pipe isn;t on the council plans, I'd complain in writing and request they rectify the trespass, just for the paper trail. Give them 10 working days or something.

Then I'd give a separate request for copies of the paperwork you signed.

Then proceed with your action, be it direct 'maintenance' of your property, or legal proceedings.

Thanks - I did write & received a response saying the pipe will categorically not be moved and the damage is my issue...
I've requested the paperwork on about 5 separate occasions (in writing & verbally) and they're refusing to provide it...