Easements

sallylightFoot

Thanks Rural_Puppy, Sally Lightfoot is not my name, it is the name of a crab seen in the Galapagos Islands! Picked it as everything else I tried was already taken!

To answer your questions,
1. they did empty the ST earlier this year. 

2. they seem to have no idea where their surface water drains to - they have assumed it goes into a soakaway in our field, but they have no proof of this - We have no documentation confirming this is correct either in the LR Documentation or the original Deeds of Sale and ST Covenant....we are therefore going to ask them to have a survey taken.

3. They have not given  this issue any thought - they put on the Planning docs that the surface water will go to a soakaway in our field and that their foul drainage goes to a ST in our field - We have told them - and are in the process of formally writing to them as our discussions seem to have been ignored - that their ST should have been upgraded by their sellers but wasn't (they bought 2 years ago in 2018) and that there is no legal documentary proof of using our field as a soakaway for surface water discharge. Yet he has already started minor preparations for the extension.

Davesnave

sallylightFoot said:

3. They have not given  this issue any thought - they put on the Planning docs that the surface water will go to a soakaway in our field and that their foul drainage goes to a ST in our field - We have told them - and are in the process of formally writing to them as our discussions seem to have been ignored - that their ST should have been upgraded by their sellers but wasn't (they bought 2 years ago in 2018) and that there is no legal documentary proof of using our field as a soakaway for surface water discharge. Yet he has already started minor preparations for the extension.

To be fair, they had to put something on the planning docs and there will be a solution to the problems they will almost certainly have if they apply enough £££ to solving them.

However,it will be in the interests of moving swiftly and not needing to make costly changes if they address these matters now. Whether they realise that is another thing!

sallylightFoot

Davesnave said:

sallylightFoot said:

3. They have not given  this issue any thought - they put on the Planning docs that the surface water will go to a soakaway in our field and that their foul drainage goes to a ST in our field - We have told them - and are in the process of formally writing to them as our discussions seem to have been ignored - that their ST should have been upgraded by their sellers but wasn't (they bought 2 years ago in 2018) and that there is no legal documentary proof of using our field as a soakaway for surface water discharge. Yet he has already started minor preparations for the extension.

To be fair, they had to put something on the planning docs and there will be a solution to the problems they will almost certainly have if they apply enough £££ to solving them.

However,it will be in the interests of moving swiftly and not needing to make costly changes if they address these matters now. Whether they realise that is another thing!

The previous owners to them put in a similar PA in 2014 and nowhere on their docs was drainage indicated, either for the ST or surface water. Interestingly they failed to get BR, and so moved house..... 

We notified the Planning Department of the technical issues relating to this issue as their Flood Report (now an essential document for a Zone 3 Flood area build) had our field listed as discharge for their surface water, which was incorrect. It also stated the extra surface water would amount to 16,400 cu m, when in fact it should have stated 61,400 cu m. They were not interested and just passed it anyway. We also informed the Building Control at our local council, but they said if the owners do not engage them to examine the building work they cannot do anything about it! Of course we will be keeping our eyes and ears open to find out who they do engage.

Would be interested to hear your solutions to their problems regarding their surface water drainage, bearing in mind the following:-

1. BR would not be given in this area for a soakaway, due to reasons already given. That means their garden areas are unsuitable for one.

2. They have other houses on three sides, one at the front and one at each side. Our field is at their back on side 4 so no other available areas for them to utilise.

3. We are very rural and do not have mains sewers or drains in this area for them to connect into,

Titus_Wadd

We live in a semi rural area with a building site next door making very slow progress.  The developer got original planning permission a decade ago but has tweaked this nearly 20 times but the latest revisions have been halted by a holding objection from the Council's Technical Services Department as the builder hasn't adequately documented the site's SW drainage (by soakaways).  Another planning application was rejected following comments from Environmental Health.  I can't say much useful to help OP, I'm not knowledgeable enough to advise, but it might be worth seeking input from Council departments other than Planning alone. 

OP come back and tell us how it goes, I like to read what happens and it may help others.

Davesnave

sallylightFoot said:

Would be interested to hear your solutions to their problems regarding their surface water drainage, bearing in mind the following:-

It's not for me to give you or them solutions.  I don't know the site layout, the topography, field sizes and what lies beyond your field or across the road opposite and so on, but I maintain there will be a solution, at a price.

greatcrested

Well the surface water must either soak into their own land, or be diverted in one of 4 directions. It has to go somewhere! I don't know of any technical solution (yet) for vapourising it.

Rural_Puppy

I would think the first thing you ought to do is to advise your neighbours in writing that they have not asked and you do not grant them the right to discharge their surface water into your field. You may be wise to first obtain advice from a solicitor, and possibly get them to send the letter. You could forewarn the neebs it is coming.
Bear in mind that your neebs are unlikely to be very happy about it, and neighbour disputes are the pits!
However it is up to them to find a solution to their drainage. Maybe a groundwater tank, possibly even grey water harvesting and then reuse the surface water to flush toilets, water the garden etc.
As others say, all things are possible for a price.

sallylightFoot

I will let you all know  what happens as soon as we have prepared / sent a letter to them in an effort to sort these issues out. I am not too confident they will respond positively though, but we will try. Thanks guys for all the comments and advice so far.