Problems with new neighbour over septic tank drainage pipe

pollypenny

DB1904 said:

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. 

Why so snide?  This is good advice, as given by Jeeperscreepers. And if it's the same person, so what?  

canaldumidi

There's a 95% likelyhood a court would grant a prescriptive right should it go to court. i say 95% because it's impossible to be 100% sure of the outcome of any court case.

As others have said, ignore till anything legal arrives. If you get a solicitor's letter, maybe respond with a one-line reply (as said above, that in itself will cost the neighbour more money), but do be careful- it's easy to say/write something which later gets interpretted as an admission or has some other legal implication!

If you get court papers, that's the time to think about legal advice.

Re the intimidation, start logging each event: date/time, who, what, how long, etc. If it goes on, contact local bobby.

outtatune

JFT1 said:

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

Give them a big smile and a friendly, cheery wave. That'll annoy them

Mojisola

JFT1 said:

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.

I would keep on eye on the field that your pipe runs under.

People who behave like this are quite likely to take direct action rather than pay out for solicitors.

JFT1

Hi further development . We have had a letter from the new neighbours saying we have 14 days to remove the pipe from thier land or they will cut the pipe and cap it. This will result in sewage going all over our drive and he neighbours drive . Where do we stand if they do this.

fenwick458

this is getting interesting. I think it's time to ring your insurance and use that legal protection

JFT1

Thanks I have contacted the home insurance solicitor. I am waiting for them to ring back. Meanwhile I contacted the police and if they cut our pipe it is criminal damage. I will keep you updated

babyblade41

I despair of some people in this world I really do .

I hope you get a good outcome OP as this is a horrid situation which is borne by ignorant stupid people . 

I really hope the proverbial hits straight in their direction

Bendy_House

JFT1 said:

Hi further development . We have had a letter from the new neighbours saying we have 14 days to remove the pipe from thier land or they will cut the pipe and cap it. This will result in sewage going all over our drive and he neighbours drive . Where do we stand if they do this.

Can I resist...?

At least you now know what you are dealing with, JFT - arrogant, entitled a'oles.

Do you have a CCTV camera? If not, can you get one PDQ - even a stand-alone type with a built-in mem card. Set it up making sure it catches the area where the pipe runs - you have effectively been threatened with what would amount to being criminal damage to your property, so if they moan about it covering part of their land, then tell them this - and to call the police if they disagree. (Obviously don't have it catching their house or windows...)

Note down a chronological account of everything that transpires, letters, verbal comms, activity. Start at the beginning...

JFT1

Hi things have got worse . I sent this email to them :- 

Regarding your letter to us dated 5th November 2021. The Septic tank is shared with next door but we will answer on their behalf. We have maintained the pipe going from the septic tank and over your field for 35 years therefore we have a PRESCRIPTIVE EASEMENT. The pipe has been in place since the houses were built in 1930. The environmental health have a map showing the pipe in your field going back decades. I have been informed by our solicitor that if you damage or remove the pipe which is our private property you will be liable for negligent damage not only to the pipe but any damage done to the two properties by the backup of sewage. We have also spoken to the police and because the pipe is private property you will also be liable for criminal damage. The environmental health officer who came to our house has sent us an email to say that the pipe is fine and is not causing any problems therefore the environmental health would not ask us to remove it

They replied :- 

We thank you for your reply. However, as per our letter explains, that without any legal documents we WILL remove the pipes that lay within our land.

If you could please pass on your neighbours details we would be grateful so we can discuss this with them as we are led to believe that they have alternative waste removal.

Just to clarify, the Environmental Health agency, Indemnity Policy Company and our solicitors are all in agreement that WITHOUT any form of legal document igned by the late Leonard Robinson and witnessed by a solicitor then the pipes simply have no right to be there.

We will not entertain having them on our property at the risk of us having to rectify any work how so ever caused by damage from them.

Our solicitor has said we can do nothing until they remove the pipe . Then we can claim breach of the title deeds and put a negligence claim in.