Problems with new neighbour over septic tank drainage pipe

JFT1

Hi help. I have lived in my house for 30 years . I have a septic tank with 2 chambers , the first chamber has solids the 2nd filtered water. There is a pipe coming from my tank which goes across the field next door. It goes 200 yards down the field and ends at a sand bank which filters the water. My new neighbour rang me up to say they dont like it on their land and were getting the enviromental health up . The enviromental health man came up said he was aware of the pipe on their records and that it conformed with the new 2020 regulations and put some dye down it. He came back the next day and checked the outlet and said it was dry as a bone and perfectly ok. My new neighbour has rang again threatening solicitor action if I dont pay her for the pipe on her land or remove it. She aslso asked if I had an easment in the deeds for right of access to maintain the piipe. i said I had no idea and we would not be moving the pipe since it has been there since 1930 when the house was built. I have looked into easements and I think I have PRESCRIPTED EASMENT as we have maintained it for 35 years. Can she make us move it or pay her.

Bendy_House

Almost certainly not. What's more, should it need attention - the pipe leaking, for instance, you will most likely have the right to gain access to her land in order to fix it. You'd be very unlucky if these two conditions didn't apply to your case.

BUT, you should read your deeds asap to confirm. Download a copy from the Land Registry if you don't have them. (For the small additional sum - a few quid - worth also getting a copy of your neighb's   )

Er, do you have Legal Protection included in your house insurance? Brilliant-  well done. Call them up for advice, and explain the situation. They'll guide you.

Sorry you have an 'ole for a new neighbour.

JFT1

Thanks for the advice. I have just added legal protection to my house insurance. I will get copies of the deeds. But my new neighbours are now driving up in their 4x4 parking next to the house getting out and looking in the Windows of the house and staring at us and not saying anything. We have not spoke to them. I think they are trying to bully us.. You only want to live a quiet life and you get all this

FreeBear

JFT1 said: My new neighbour has rang again threatening solicitor action if I dont pay her for the pipe on her land or remove it.

A solicitor is going to cost her quite a few quid - Money that she would be unable to claim back from anyone.

If the dispute went legal (highly unlikely), it will cost her considerably more (upwards of £30K). As the pipe has been in place since the 1930s, her chance of success would be minimal as would her chances of recovering her costs.

Bottom line - Hot air from someone who obviously has no clue about property ownership and knows even less about legal processes. Ignore until such time as you get official court papers.

Should you get any letters from a solicitor, you could be nasty and write back demanding she clarifies her position. No need to get a solicitor of your own to do this.... Any letters you send to her solicitor will cost £100-£150 a time for them to open up and read.

Bendy_House

JFT1 said:

I have just added legal protection to my house insurance.

Tsk tsk - what's wrong with folk... :-(

As with any insurance, it's very unlikely to cover a retrospective situation. So, nothing has actually 'happened' yet, has it...?

Don't contact LP unless and until the neighb actually fires a legal shot across your bow.

Until then, be charm personified. If they really think they can either make you pay or move that pipe, they need to present proof.

JFT1

Thank you all for support. I will sit tight and see what happens. I am not going to speak to them if they come up because they probably want me to lose my temper which I am not in the habit of doing anyway. So I will just ignore until I get official court papers. Once again thanks for advice. I will post if anything happens.

Belenus

JFT1 said:

Hi help. I have lived in my house for 30 years . I have a septic tank with 2 chambers , the first chamber has solids the 2nd filtered water. There is a pipe coming from my tank which goes across the field next door. It goes 200 yards down the field and ends at a sand bank which filters the water. 

Is the pipe over ground or buried and how large (diameter) is it?

If it is over ground they were presumably aware of it on viewing the property.

You could perhaps suggest that your neighbour can pay for it to be buried if that is feasible.

If it is buried, what is their problem with it? Are they perhaps planning to build on that field?

JFT1

The pipe is buried so her solicitor either didn't contact the environmental health people who have records of it or they told her and she bought the house and land with the hope of getting us to remove it.

JFT1

The land is green belt with no hope of building anything

Bendy_House

JFT1 said:

Thank you all for support. I will sit tight and see what happens. I am not going to speak to them if they come up because they probably want me to lose my temper which I am not in the habit of doing anyway. So I will just ignore until I get official court papers. Once again thanks for advice. I will post if anything happens.

Be totally approachable, tho' - don't avoid them.

Totally calm and reasonable. Just say it as it is (once you've checked your deeds, and also depending on their manner...); "You have got this wrong. If you really think it isn't as I say, you need to present evidence. I have to say, tho', I do find it very unfortunate that this is how you present yourself on our first meeting. I am more than up for being a good neighbour, but it's important that respect is shown both ways." (Amend as required.)

Absolutely don't get drawn in to any 'argument' or daft discussion. If they try that - and good chance they will - just smile, a wee chuckle, hold your hands up in front of you, and go - light-heartedly - "Whoa!". Show that you are not being affected by them. Let them rant.

And keep us posted!

DB1904

Bendy_House said:

Almost certainly not. What's more, should it need attention - the pipe leaking, for instance, you will most likely have the right to gain access to her land in order to fix it. You'd be very unlucky if these two conditions didn't apply to your case.

BUT, you should read your deeds asap to confirm. Download a copy from the Land Registry if you don't have them. (For the small additional sum - a few quid - worth also getting a copy of your neighb's   )

Er, do you have Legal Protection included in your house insurance? Brilliant-  well done. Call them up for advice, and explain the situation. They'll guide you.

Sorry you have an 'ole for a new neighbour.

Still pushing the legal protection jeepers.