Can I ask my neighbours to reroute their rainwater drain that runs through my garden?

susi_oh_susi

My neighbours defective rainwater drain runs through my front garden, it does neither join my rainwater drain not does it run into my manhole. Where it leads to has not yet been established. Can I ask them to reroute it through their front garden into the main sewer? Thank you for any advice.

Section62

susi_oh_susi said:

My neighbours defective rainwater drain runs through my front garden, it does neither join my rainwater drain not does it run into my manhole. Where it leads to has not yet been established. Can I ask them to reroute it through their front garden into the main sewer? Thank you for any advice.

Does the existing defective pipe connect to the main sewer?

What do your deeds say about neighbour's rights to drain through your property?

susi_oh_susi

Just to clarify, from our rainwater drain survey, my rainwater drain is in very good condition and seems to be independent from my neighbours and runs the shortest distance straight out into the main sewer. My neighbours drain crosses through my garden when it could also run straight out into the main sewer within their boundary. Can my neighbour's drain be rerouted?

casper_gutman

You can, of course, ask them to reroute the drain. If you get on well with them, they might even consider doing so if the cost to them is minimal and you can explain why its present position is a problem for you. Whether you can require them to reroute it, or whether you would be liable for their costs if you unilaterally removed it, are different questions entirely.

The neighbours may have the right to keep the drain across your garden. This might have been granted to them in the deeds of the properties, e.g., if your house was built in the ground of theirs and the drain was there previously or if for whatever reason  its route was agreed between the owners later.

They might also have acquired a right (a "prescriptive easement") to leave the drain where it is just because it has been running through your garden for a very long time, even without ever having formally been given permission.

Section62

casper_gutman said:

You can, of course, ask them to reroute the drain. If you get on well with them, they might even consider doing so if the cost to them is minimal and you can explain why its present position is a problem for you. Whether you can require them to reroute it, or whether you would be liable for their costs if you unilaterally removed it, are different questions entirely.

The neighbours may have the right to keep the drain across your garden. This might have been granted to them in the deeds of the properties, e.g., if your house was built in the ground of theirs and the drain was there previously or if for whatever reason  its route was agreed between the owners later.

They might also have acquired a right (a "prescriptive easement") to leave the drain where it is just because it has been running through your garden for a very long time, even without ever having formally been given permission.

The first question needing an answer is whether the neighbour's pipe connects to the public sewer.

If it does, then the section of the pipe in the OP's garden is probably a public sewer, and therefore neither the OP nor the neighbour has the right to re-route it.

On the plus side, if that is the case then neither the OP or the neighbour would have to pay the costs of repairing the defective pipe.

plumb1_2

I presume this drain is underground? What problem is it causing you?

GDB2222

Normally, nobody cares where a drain runs. I guess this one is worrying the OP because, as she says, it's defective, so it's presumably waterlogging the OP's garden. 

The OP clearly wants the drain repaired, so the first question is who is responsible for doing the work. If it is only serving the neighbour's house, then I didn't think it counts as a public sewer, but I could very easily be wrong on that.  

If it can be repaired by inserting a plastic sleeve, that's probably the most economical solution. If it has to be re-laid, it might be sensible to see whether that could be done in the neighbour's garden. 

Section62

GDB2222 said:

If it is only serving the neighbour's house, then I didn't think it counts as a public sewer, but I could very easily be wrong on that.  

If it connects to a public sewer then it would be a private drain within the neighbour's property, but where it crosses the boundary it becomes a lateral drain... which is a specific technical term, but for the purposes of discussion here it is a public sewer (just with a different name).

GDB2222

Section62 said:

GDB2222 said:

If it is only serving the neighbour's house, then I didn't think it counts as a public sewer, but I could very easily be wrong on that.  

If it connects to a public sewer then it would be a private drain within the neighbour's property, but where it crosses the boundary it becomes a lateral drain... which is a specific technical term, but for the purposes of discussion here it is a public sewer (just with a different name).

Fair enough. 

gbhxu

If you can't find where your neighbor's pipe goes to, it could be that it leads to a soakaway in your garden rather than a sewer

MikeJXE

If you have not seen a drainage plan how can you be sure where it runs ?