Neighbour wants to install pipes on my land

Firemunchkin

I have a semidetached house with side access on the right hand side (as you face the house). My neighbours on that side are doing a front extension. It largely doesn't affect us because the back of their house ends where our house starts (they're staggered on a pedestrian open plan street). The side pathway goes in between the two houses and falls on my property, and leads to each of our back garden gates.

As part of the extension, new pipework needs to be laid. If they go round the right side of their house the pipes are going to end up at depth significantly lower than the drain they are meant to drain into. They've asked if they can go round the left of their house, which means digging up my side path and laying the pipes in underneath. This will mean the pipes stay at the same ground level as the drain they need to connect into.

In principle, I don't mind the pathway being dug up and relaid. It will probably look better afterwards anyway. But I'm concerned about having pipes installed on my land. Should I be concerned? What should I be thinking about? I don't know where to start with this! Any advice gratefully received!

Davesnave

There's nothing fundamentally wrong with the plan, unless it might prevent you, or a future owner, from extending your house, even as, say, a porch. Buildings don't have to go directly over a drain for the permissions to become tricky, particularly with drains shared by more than one property.

For you, building might not be be a viable option if the path is shared as a right of way and the space is fairly narrow anyway, but you know the plot and its potential best.

As the landowner, you would want your title documents altered to reflect this easement, and the cost of this + the prior advice of a solicitor, all covered by the other party.

Assuming this is a foul water drain, you'd also want the work inspected and signed-off by building control (or a qualified party) so this should be written into any agreement. I would also specify the finish required for the pathway because there will be some inconvenience and you might as well get something out of the project yourself.

Others may come along and add things I've not thought about, or even disagree with me, but drains going from one property over another's land is a pretty common scenario.

Firemunchkin

Thank you - that's a really helpful response. We don't intend to extend out the front at all, and certainly not on that side pathway, so what I understand from your response is that by installing pipework it's creating an easement which I should get registered on the title?

missile

You may not see an issue now, however I would be concerned:
What if the pipework leaks?
It will limit my options in the future.
It may be an issue for a potential buyer when your house is sold.

Tom99

If you go ahead you should think of charging a fee in addition to all of your legal costs. £1k or £2k would not seem unreasonable.

Grenage

I would only be concerned if the proposed pipework would interfere with potential home extension. You might not have any plans build to the front or side, but it could later become desirable.

I say concerned - I simply wouldn't consent.

Soot2006

Only you know what the future "potential" of that path is. If it is likely to only ever be a path, then follow the advice already given for the permissions + negotiate what nice new path surface you'd like (Sandstone looks very nice + if there was every a problem with the pipes, it is easy enough to lift and re-lay).

stator

Do you have a mortgage? The bank might not be too happy if anything you do affects the future saleability of the house

teneighty

missile wrote: »

You may not see an issue now, however I would be concerned:
What if the pipework leaks?
It will limit my options in the future.
It may be an issue for a potential buyer when your house is sold.

I'm with Missile on this one. Who builds an extension where the only way they can install the drainage is over the neighbour's land. Bloody cheek.

There are alternatives such as a pumped system but that will cause the neighbour more expense. Rather selfish that they think their neighbour (OP) should suffer the inconvenience and long term affects to save them money.

Davesnave

teneighty wrote: »

I'm with Missile on this one. Who builds an extension where the only way they can install the drainage is over the neighbour's land. Bloody cheek.

There are alternatives such as a pumped system but that will cause the neighbour more expense. Rather selfish that they think their neighbour (OP) should suffer the inconvenience and long term affects to save them money.

The problem, as usual, is that we only have half a story.

We don't know why things have come to this. If it's a c0ck-up of some kind, I'd tend to be sympathetic, but if it arose through sheer presumptiousness, I'd be less keen to assist. Without knowing the neighbour, and who's doing the work, it's hard to know.

But saying that this might put someone off buying the house is stretching it, as is the notion that a properly laid drain is likely to leak any time soon; hence my emphasis on the right checks and paperwork.

I have over half a kilometre of boundary, so there's plenty of interface between my property and a variety of neighbours, nice and not-so-much, but I try to be accommodating over matters like this. Some day I might need a reciprocal arrangement with them.

Back at my last house, all sorts of drainage passed through our garden from others'. I'm talking major sewers as well as the shared drains. It was never a problem and no one so much as commented on it when we sold in 2008. That's how important it was.

I wondered about a pumped system too. Would that really be more expensive than doing this properly, as outlined above?

missile

Davesnave wrote: »

.... But saying that this might put someone off buying the house is stretching it, as is the notion that a properly laid drain is likely to leak any time soon; hence my emphasis on the right checks and paperwork.....

You appear to have misinterpreted my post.

missile wrote: »

It may be an issue for a potential buyer when your house is sold.

A potential buyer may wish to develop this land and be prevented from building on it. As Soot2006 said, we do not have enough information.

Davesnave wrote: »

Back at my last house, all sorts of drainage passed through our garden from others'. I'm talking major sewers as well as the shared drains. It was never a problem and no one so much as commented on it when we sold in 2008. That's how important it was.

As you say common sewers were common in older properties.
My first property was a terraced house with a communal sewer. I was not aware of the arrangement until the drain became blocked downstream in my neighbours garden. As a result, raw sewage from neighbours upstream to my property back filled raw sewage from the vent pipe into my garden.

I would hope buyers solicitor / survey would identify this revised drainage. This may put off a potential purchaser.