Soil pipe and drainage pipe on neighbours property

mart1988

Hi 

Would like some advice as I'm not sure where I stand. it's going to be hard to explain but bear with me.

I live in a grade 2 listed house that's about 250 years old. It used to be one house but about 100 years ago it was split into three separate dwellings.

My Bathroom is a flying free hold above next doors kitchen. Our soil pipe exits our wall and connects to a down pipe that is attached to a different neighbours property. plus our water waste pipe from our bath and washing machine goes into the floor and down into my neighbours alley way and down a drain.
All these pipes are located in my next door neighbours garden.

These neighbours moved in a few years and I over heard part of a conversation about blocking my soil pipe and drainage pipe as it was on their property. 

I just want to know if this is legal for my neighbour to remove my pipes, I can't see anything in my deeds in regards drainage, but these pipes have been their for decades and decades with no issues. I'm worried I will come home form holiday to fine my pipes blocked and If my neighbour does block these it will leave me with no toilet, bath or washing machine and their is no where these pipes can be relocated.

where do I stand?

Thanks in advance.

Keep_pedalling

Have you checked the deeds of their property? 

If you think about it would anyone actually do this at the risk of flooding their own property with raw sewage?

mart1988

I have, their is a encasement agreement from 1972. but it doesn't give details.

I know what you mean about flooding, but they have not been very rational in the past.

Woolsery

If it's been that way for decades you probably  have an easement by presciption, so the neighbour can't block off your drainage without being legally in the ordure, never mind physically!

Here's a heavily  edited quote from a legal web site which explains:

For an easement by prescription to be acquired, there are two requirements which must be met:

• The use must have been enjoyed for at least 20 years without other lawful explanation; and
• The use must have been ‘as of right’, that is without force, without secrecy and without permission.

If there's nothing in the deeds giving you permission, you have this fall-back position.

Bendy_House

Mart, do you have Legal Protection on your house insurance?

If not, ADD IT NOW! And BEFORE any issue occurs - do not mention the overheard conversation.

No, they cannot do this, and you'll be able to take action against them - no question. But having LP should take all the pressure off you.

I repeat - don't mention the conversation you overheard. Just be thankful you had what could be a warning shot. Keep treating these folk like 'normal' neighbours! Until you know otherwise...

If they happen to bring up the issue, just explain that's how it was laid out, quite possibly 100 years ago - "It's in the deeds, you know...".

On that point, what - exactly - do the deeds say?

Woolsery

Meant to add that Bendy, and forgot. Thanks.

Bendy_House

Woolsery said:

Meant to add that Bendy, and forgot. Thanks.

Yeah, I don't mention it enough

prowla

My neighbours soil pipe crosses my back garden and joins mine to then go out to the street pipes.

When there was a blockage a few years back (nice!), I found out that the neighbours feeding into mine means the pipes are the water/drains company's responsibility to sort & maintain.

It'd be worth checking that out and somehow letting it be known that there is an advantage to it...

Section62

prowla said:

My neighbours soil pipe crosses my back garden and joins mine to then go out to the street pipes.

When there was a blockage a few years back (nice!), I found out that the neighbours feeding into mine means the pipes are the water/drains company's responsibility to sort & maintain.

It'd be worth checking that out and somehow letting it be known that there is an advantage to it...

In the OP's case the 'soil pipe' is above ground (from the description), and therefore classed as sanitary pipework rather than drainage.

The water company's responsibility would start when the pipe goes underground - assuming the OP's drainage connects to a public foul sewer rather than a septic tank or private treatment plant.

mart1988

Bendy_House said:

Mart, do you have Legal Protection on your house insurance?

If not, ADD IT NOW! And BEFORE any issue occurs - do not mention the overheard conversation.

No, they cannot do this, and you'll be able to take action against them - no question. But having LP should take all the pressure off you.

I repeat - don't mention the conversation you overheard. Just be thankful you had what could be a warning shot. Keep treating these folk like 'normal' neighbours! Until you know otherwise...

If they happen to bring up the issue, just explain that's how it was laid out, quite possibly 100 years ago - "It's in the deeds, you know...".

On that point, what - exactly - do the deeds say?

This is what the deeds say:

The land has the benefit of any legal easements granted by a Conveyance of the land in this title dated 14 December 1972 made between (1) Jason Keith Whichelow and (2) William Lowndes and Enid Alicia Lowndes but is subject to any rights that are reserved mentioned in the said deed and affect the registered land.

The original certificate signed in 1972 is not found. I not too sure what this legal easement is referring to maybe drainage, but there is a shared access way which it could also be referring to. I don't know if their is a way to find a copy.

Either way I think I'm covered, I do have legal cover on my insurance and I know for a fact the drains have been in use for over 20 years given the age of the property. also the fact I have haven't got round to up dating my bathroom since I moved in which has a 1980's retro vibe.

Thanks for the advice everyone, it's put my mind at ease hopefully nothing will come of it and it's just me being paranoid.

regards

Bendy_House

Is the soil pipe above or below ground level in your neighb's garden?

If below, and they do anything to it, call your water board. They'll soon sort out ALL the issues...