Drain under neighbours house is damaged.

Ceolman

I have had Yorkshire water out today due to issues with my drains. They have proven exactly what I found with my drain rods. Whilst on my property pipes are backed up they were not blocked. The drain (only my house) then goes about four metres from my perimeter and about 1mtr under the house next door where it is blocked but should proceed to the road sewer.
YW found it was roots and managed to clear the drain by blasting through with a tanker sized jetter for now but clearly a long term solution needs to be found.
The damage appears to be from either an IVY or Cotoneaster which has been allowed run wild on the neighbours house.
So in summary it appears that my drain, under my neightbours house has been damaged by his roots.

The big question, 1) who is liable and 2) likely costs? The breakage is under their bathroom if surface entry is required,

Typhoon2000

I dont think anyone is liable. Generally you are only responsible for your drain whilst it is within your property boundary. Then it becomes the responsibility of the water board.

Carrot007

Given it's a shared drain it's up to YW if they want to repalce it or not as it is their responsibility.

Ceolman

I think the differentiation is where it is a private drain. The Water are only Liable when it becomes a shared drain or a sewer.

As this only comes from my waste, it is a PRIVATE drain. But his trees have damaged it. My house is older than his and his drain comes back out of the back at an angle and drains into a "Shared Drain" with the third house. He has no access or drainiage into the drain of mine which I assume ran across garden land before his house was built.

Carrot007

Ceolman wrote: »

I think the differentiation is where it is a private drain. The Water are only Liable when it becomes a shared drain or a sewer.

As this only comes from my waste, it is a PRIVATE drain. But his trees have damaged it. My house is older than his and his drain comes back out of the back at an angle and drains into a "Shared Drain" with the third house. He has no access or drainiage into the drain of mine which I assume ran across garden land before his house was built.

You are responsible for your if it is only on your property. After that because he uses it too it is YW's responsibility.

This is different if it just crosees his land and is not used by him.

Ceolman

It is not used by him. It runs under his house His drain runs out backwards and goes laterally to the third house and exits under the third house. I suspect the third house owner many years ago built the second house. My house (the first house) is the oldest.

Carrot007

Well then it is very complicated and should be under whatever terms are in the deeds (could be on either deed).

A house should not have been allowed to be built over a drain.

It may well be cheaper to find a new route for your drainage.

Ceolman

But, on the fact that his tree has damaged it, Is it not his fault.

K

Carrot007

Ceolman wrote: »

But, on the fact that his tree has damaged it, Is it not his fault.

K

Not definitively. Whatever agreement is in place (and should be in the deeds) would need to be refered to.

If one was not put in place (which would have been incredebly stupid), then you are pretty much down to their good will or taking them to court. (Or re-routing which is probably the best idea).

Typhoon2000

I am pretty certain that once your drain goes out of your boundary ( doesnt mater if it goes out to private land, public land, council land, or the road) it becomes the responsibility of the water board.

Carrot007

Typhoon2000 wrote: »

I am pretty certain that once your drain goes out of your boundary ( doesnt mater if it goes out to private land, public land, council land, or the road) it becomes the responsibility of the water board.

Only usually once if becomes shared on a property.

https://www.yorkshirewater.com/pipework#ls1

Specifically at
If the private or lateral drain* isn't your responsibility as the owner/occupier (for example, if the drain is your neighbour's responsibility):



Does seem to say it is the property owners responsibility. But does say it's going to be a problem if they don't care. (Which is why things should be put in the deeds).