neighbour altered drainpipe to our house. Is it allowed????

Debt_Free_Chick

MrsMondragon wrote: »

I have read this thread with interest, as im in a similar situation. Last year my neighbours had their front porch renewed. Prior to this the rainwater from their roof drained into their front garden. After having a this new porch put in, they have decided to put their drainpipe into the shared right of way we have between our two houses. We told them they weren't entitled to put their drainpipe in the shared entrance, but they took no notice. Does anyone know where we stand? Thanks.

A bit more information I think ......

Where does the drainpipe discharge to? Is this a soakaway situated on the shared RoW? Or does it go via a drain to an existing soakaway or sewer?

What rights, exactly, does your neighbour have over the RoW? Are you sure those rights don't extend to the discharge of rainwater?

Finally .... what inconvenience, exactly, does this cause you? Or more importantly, what potentially is the damage to your property?

adouglasmhor

Mrs Mondragon if it's not blocking your right of way and on thier side of it it's probably allowed.

MrsMondragon

It just drains out to the pavement. Its made going through the backdoor more difficult as the pipe is laid on the floor of the shared entrance.

Debt_Free_Chick

MrsMondragon wrote: »

It just drains out to the pavement. Its made going through the backdoor more difficult as the pipe is laid on the floor of the shared entrance.

:eek: That doesn't sound right on a number of counts. Firstly, I'm fairly sure that both Building Regs and some other law requires that it drains either to a sewer or a soakaway. Secondly, this could create a hazard for pedestrians which, if it resulted in injury, your neighbour could possibly be liable for.

When you say that the "pipe is laid on the floor of the shared entrance" do you mean that the pipe is on the surface? i.e. you can actually see it?

You say this is a shared RoW - can you describe a bit more. Is the land owned by one of you with the other have a right of access? What do the deeds say?

MrsMondragon

Let me try and take a picture. The pipe is laid on the floor of the entrance, and technically I could step on it, at any time.

adouglasmhor

That's not so good I had imagined it going into a drain or something similar, that is wrong on so many safety counts. If it freezes on the pavement in the winter someone is going to fall for a start.

anoneemouse

MrsMondragon wrote: »

Let me try and take a picture. The pipe is laid on the floor of the entrance, and technically I could step on it, at any time.

So - 2 potential problems here from what you say:

a. You (or your visitors) could potentially trip over this (ie a claim against your neighbour)

b. You could possibly damage their pipe by accidentally knocking it - with risk they might try and make you pay to put this right (though it was their fault it happened).


Oh dear - glad I havent got them for neighbour either! My immediate suggestion to you is to check that you have the legal add-on insurance on your home insurance policy just in case. It only costs about £15-£20 odd extra per annum - worth it for the peace of mind.

I own a terrace house - and the second it struck me (not long at all after moving in) that I could end up with problems somewhere along the line because of other people having their house attached to mine I ensured that I got this legal add-on to my insurance just in case. I wish I had a detached house - but I cant afford it - so I wanted to protect myself. If one has a terrace/semi/flat then there is always the risk that a neighbour will neglect their property and, in the process, a problem with their house will "migrate" through and damage your house (damp for instance I would imagine). I'm glad I have this insurance now - as the most recent owners of an attached next door house are busily neglecting it like mad - they have owned it a few years now and havent done a "stroke" of work to it since buying it as far as I can see - its looking so neglected now from outside (annoying enough of itself - as I look after mine and spend all sorts of money I cant afford on trying to get it properly maintained and am the first to invite a neighbour to come and have a look for themselves if they think my house might be causing them a problem - as I want to know myself!).

MrsMondragon

http://s49.photobucket.com/albums/f281/MrsMondragonx/?action=view&current=IMG015-1.jpg

adouglasmhor

I will have to look at home because my work filter doesn't allow Photobucket

anoneemouse

Just seen the photo.

Two points

1. not so much a tripping hazard by falling over it then - but if someone slipped in your drive, then they could end up grabbing for nearest thing to hold onto (ie your neighbours pipe) and pull it off the wall. (neighbours fault for having it there).

2. Visual amenity - why should you have someone elses pipe on your territory? I have noticed this on other peoples houses - and felt sorry for them - as I would object. As far as I am concerned (and I reckon the law would back me up on this) literally every single inch of my territory is for MY use only and that pipe has infringed that (they could perfectly well have had it brought down draining out on their side of the joint wall - so why didnt they?). My exclusive use of my territory extends upwards to house height above my house as well as I see it (cant unfortunately extend it indefinitely - to stop airplanes flying overhead - have already checked that one).

Another thought just struck me - suppose you decide you are going to put something of your own against your joint wall on your side (eg low level trellis/ plantpots right back against wall) - your neighbours pipe will get in the way. I would have thought that meant you were entitled to chop your neighbours pipe off at the top of the joint wall if you wish to - well, to put it differently - you are morally entitled to do so - dont know what legal position is.