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Works on Neighbours' Land

Options
Hello

We are in the process of buying a 3 bed semi-detached house in need of updating and we are looking to install a French drain following surveys and move bathroom upstairs and split a bedroom.

We have quotes however access to our garden is down the path of the adjoining house and we don’t own the path down the right hand side as that is equally shared by the neighbouring houses.

Option A – ask Neighbours 2 + 3 for access to path to install French drain and soil stack adding that Neighbour 2 has already completed similar works then promise the builder can make good etc.

Option B – look at alternative solutions eg: install French drain at front/rear of the house only and move bathroom as described then route pipework to rear of house probably using a macerator.

Option C – give up on French drain altogether and move bathroom to rear bedroom above kitchen instead which is of course the easy option but would in effect turn a 3 bed house into a 2 bed…

Thoughts? Apologies this is quite difficult to explain and I did have a nice drawing which I wanted to include as well but unfortunately MSE does not allow me to post with links as a new(ish) user.

Thanks

Owen
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Comments

  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 March 2019 at 1:53PM
    You can add the drawing, just add a space in the link and soemone will do a link for it.


    So that's what a French Drain is.


    Why not speak to the relevant neighbours for permission to use the path.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Talking to neighbours is always the best way.


    Bake a cake an invite them to tea - then chat over your plans. The more they understand what/why you are doing, and the more you reassure them about noise, making good etc, the more likely friendly consent will be.


    Of course, occassionally you end up with b*m neighbours and nothing helps - but doubtless you sussed the neighours out before buying so already have some idea.
  • eddddy
    eddddy Posts: 17,985 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    31records wrote: »
    We are in the process of buying a 3 bed semi-detached house in need of updating and we are looking to install a French drain following surveys and move bathroom upstairs and split a bedroom.

    Do you mean a French Drain - or do you mean a septic tank and soakaway (or maybe a cesspool) to take sewage and waste water?

    There are lots of strict rules about having that kind of soakaway - because of the potential for polluting watercourses etc.

    31records wrote: »
    Option B – look at alternative solutions eg: install French drain at front/rear of the house only and move bathroom as described then route pipework to rear of house probably using a macerator.

    Do you mean the only toilet in the house would be connected to a macerator? That's generally seen as a bad idea.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Access to Neighbouring Land Act 1992


    might also apply.....
  • 31records
    31records Posts: 15 Forumite
    Hello

    Thank you for all your comments and if anyone can kindly link to my drawing I have uploaded to Flickr with public access: flickr.com/photos/28281054@N04/47295572352/in/dateposted-public/

    Of course I am no architect (!) but the drawing highlights our access, the existing drain (D), the proposed French drain (F), and possible position of new soil stack (S) if we proceed with Option A…

    DCFC79/G_M we would love to talk to our Neighbours but we are worried about legal implications eg: would we need to secure a deed of variation (if I was the Neighbour I would be concerned).

    And eddddy French drain would collect rain water only to address damp and yes our only toilet and macerator not ideal – watched a few videos on YouTube (really!) and not sure I am convinced.

    Thanks

    Owen
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 11 March 2019 at 3:55PM
    I'm unclear of a couple of things:

    1) if the French drain is for rain water only, what is the relevance of moving the bathrom?

    2) if the French drain is for bahroom waste water, don't use a French drain!

    3) is the issue simply one of access down the shared path, or is the drain actually going to be buried down this shared path?

    4) if the latter, is the path wide enough for the drain to be buried under your half of the path (as I understand you own half the path (presumably with a right of access to pass and re-pass over the neighbour's owned half?)


    if a Deed IS needed, and you /neighbour are amicable, I see no difficulty.


    My water mains, and drainage, for my 150 year old house both cross my neighbour's front garden. No rights recorded anywhere.


    A year or so back I decided to formalise things to make selling in future easier, chatted to neighbour, got a solicitor to draw up a Deed (my cost), neighbour signed and it's now recorded on both property titles. Job done.


    (no cake was involved at any time.)
  • molerat
    molerat Posts: 34,560 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    https://www.flickr.com/photos/28281054@N04/47295572352/in/dateposted-public/


    As others have posted, what relevance has the French Drain to the bathroom ?
  • 31records
    31records Posts: 15 Forumite
    Hello

    French drain will collect rain water only so we need to dig a trench 100mm wide by 150mm deep into Neighbours’ path and along the length of outside wall (flush with wall) and fill it with gravel.

    And the bathroom works involve cutting a hole in side of our house and running soil stack vertically down the wall with a 110m hole into Neighbours’ path to access the shared drain underneath.

    G_M/molerat so the two are unconnected but both require changes to our Neighbours’ path hence concern around legal implications and more importantly if Neighbours would even agree to it, we have no access at all to the path at this time so even if we offered to draw up a deed and pay associated costs I wonder if one/both of the Neighbours may simply refuse on the basis that there is no real benefit to them except for tea/cake…!

    Thanks

    Owen
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Option D. Buy a house where the bathroom is already upstairs?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    31records wrote: »
    .......however access to our garden is down the path of the adjoining house and we don’t own the path down the right hand side as that is equally shared by the neighbouring houses.
    Ah! This was somewhat ambiguous. I read that as you don't own the right hand side of this access path, but do own th left hand side (of the same path).


    But you are saying the entire path, up to the base of your external wall, is owned by the neighbour?


    In which case the soil stack will over-hang their land (in addition to the drain being buried under their land)?


    You need to bake a cake!
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