Shared Rainwater Drainage issues

RAS

I don't think the problem is the soakaways. I understood that the OP's issue with the concrete gullies that are cracked? 

canaldumidi

Woolsery said:

We  have a neighbour whose septic tank drains into our land. It's a long standing arrangement and there's nothing in the title documents about it, but they have a right of drainage established by prescriptive easement. This is less of a problem than your situation, and we have no repairing obligation or intent, but it shows such arrangements can come about.

Did you have a full survey and did your surveyor comment on the drainage at all?

Really? So if the drainage field fails or is deemed non-compliant with the new EA regs, who will replace or nenew it?

In your position, and assuming you and neighbour are amicable, I would put a deed in place registered against both properties to formalise a) his use of your drainage field and b) shared responsibility for maintenance of the field and associated drains.

Otherwise you or your successors might find yourselves in the same scenario as the OP!

Section62

RAS said:

I don't think the problem is the soakaways. I understood that the OP's issue with the concrete gullies that are cracked? 

It wasn't entirely clear so I thought "We are stuck as both gulleys need replacing and soakways." needed clarification.

Section62

Salb22 said:

...A roof box gutter between both houses also discharges rainwater into it...

And that takes water from the roof of both houses?

Woolsery

canaldumidi said:

Woolsery said:

We  have a neighbour whose septic tank drains into our land. It's a long standing arrangement and there's nothing in the title documents about it, but they have a right of drainage established by prescriptive easement. This is less of a problem than your situation, and we have no repairing obligation or intent, but it shows such arrangements can come about.

Did you have a full survey and did your surveyor comment on the drainage at all?

Really? So if the drainage field fails or is deemed non-compliant with the new EA regs, who will replace or nenew it?

In your position, and assuming you and neighbour are amicable, I would put a deed in place registered against both properties to formalise a) his use of your drainage field and b) shared responsibility for maintenance of the field and associated drains.

Otherwise you or your successors might find yourselves in the same scenario as the OP!

They're  not a close neighbour and it is non-compliant, but being at the end of a field 225m away in land that's of no great farming value we haven't bothered too much about it since we discovered it. As you may know, one doesn't make waves unnecessarily when living in the countryside!

Edited to add: Our soakaways for rainwater installed in 1974 are still functional. I've added others connected via 110mm /100mm perforated pipework at the appropriate distance from the house and I'd expect them to last a lot longer than 13 years.

Salb22

Section62 said:

Salb22 said:

...A roof box gutter between both houses also discharges rainwater into it...

And that takes water from the roof of both houses?

Yes exactly

canaldumidi

Your problemis that they've inheritted a Prescriptive Right to use the shared facilities, without any binding obligation to contribute towards the cost.

Though not sure if 4 years is enough to gain a Prescriptive Easement unless he also has a Statement of Truth from the previous owners.....

Prescriptive Easements: What Are They?

September 9, 2019/in Legal Updates /by Cathy Buck

A prescriptive easement is a legal right enjoyed over another’s freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person’s property in a particular way rather than claiming ownership of the land. The long use is combined with a belief (often a fallacy) that the right was originally granted in a deed.

To be entitled to claim a prescriptive right the following conditions must be met:-

1. The use must be one capable of existing as an easement (such as a right of way or a right to use pipes, drains etc).
2. The use must have been exercised without force, secrecy and without permission.
3. The use must have been exercised continuously and without any interruption for at least 20 years. The 20 years use does not have be by the same owners.

https://www.adams-harrison.co.uk/prescriptive-easements-what-are-they/

Bendy_House

Hmm...interesting...

Salb, perhaps worth posting on here, too - they seem to have some legal bods on it (tho', as always, treat replies with care). https://www.gardenlaw.co.uk/phpBB2/index.php

sheramber

Do you have legal cover with your insurance?

Bendy_House

Outrageous, Salb.

Any chance of some photos - it's quite hard to visualise?