Public Sewer run through my garden (insurance question)

anotherday1974

A public sewer runs through my garden and Southern Water may need access to my garden to repair. Southern Water will have to pay for the repair since it is a public sewer. My question concerns who pays for any damage to my property whilst they are doing the repair. Is Southern Water responsible for putting right any damage to my property like damage to the patio, etc? Last time they came on my property they damaged my patio and they told me I had to claim on my buildings insurance. Luckily the damage wasn't too bad, so I didn't need to pursue further. I really need to know my rights since I might need to give them access again. I really can't see why I should lose my no claims discount for any potential done by SW accessing my land. Should I demand to see Southern Waters liability insurance before I give access? 

ThisIsWeird

Do you have Legal Protection included in your home insurance? If so, call them up for advice - that's what it's for, and it's free.
If you don't, I'd call up my insurance and ask them.
It seems highly unlikely to me that either you or your insurance should be paying for this! Yes, by all means ask SW for written clarification beforehand.
I don't think I'd  bother asking for their actual policy - who wants to read and interpret that?! - but I'd ask for a response to something like, "Who will put right any damage caused to any part of my property as a result of this work? Will my garden be restored to its previous condition?" Something like that. And take lots of photos.

lisyloo

They should put the damage right.
You could pursue them yourself without insurance but admin/proof /arrangements etc. would all be at the expense of your own time.
It s not clear who told you to use your insurer - a workman? an admin? or a legal person? but it's a lazy answer.
Yes sure you could use your insurer to persue them but it'll count as a non-fault claim until settled.

I don't think ultimately you can deny them access, but you could certainly be difficult.
You won't be able to claim off their insurance so I'm not sure what use that is to you.

My advice would be to take pictures BEFORE they arrive so you can dismiss any claims about the state of your garden before they came.

Sadly the "hassle" of sorting it out is down to you and inevitably there will be people employed to mitigate their losses.
This is a more hassle for you personally but it can certainly be done DIY.
I would suggest you get some legal cover either as an add-on to your home insurance or stand-alone (the latter may be preferable).
Make sure you check the small print so that it covers your scenario otherwise it's useless.

Ive jsut tried to use mine for flight delay compensation and the very first thing they did was check cover (and denied).

Dustyevsky

There is legislation that allows public utilities to enter your land without your permission if deemed necessary. The same legislation also requires them to pay compensation for any damage caused while carrying out works.

All this info is easily found on the internet if you search with something like: “What are my rights regarding public utilities working on my land?”

Section62

anotherday1974 said:

A public sewer runs through my garden and Southern Water may need access to my garden to repair. Southern Water will have to pay for the repair since it is a public sewer. My question concerns who pays for any damage to my property whilst they are doing the repair. Is Southern Water responsible for putting right any damage to my property like damage to the patio, etc? Last time they came on my property they damaged my patio and they told me I had to claim on my buildings insurance. Luckily the damage wasn't too bad, so I didn't need to pursue further. I really need to know my rights since I might need to give them access again. I really can't see why I should lose my no claims discount for any potential done by SW accessing my land. Should I demand to see Southern Waters liability insurance before I give access? 

The answer is "it depends".

The general case is the sewerage undertaker has to reinstate to the condition the property was in before the work started.  However there are many exceptions to the general case - for example they won't necessarily have to reinstate things that were built over a sewer if no buildover agreement is in place (where one was required), or if something has been built which blocks their access by right.

It also depends on why the repair work is needed.  For example if your builder dug a hole through the sewer then although the sewerage undertaker would have to reinstate any additional damage they have done (for example if their vehicle cracks a paving slab on your drive), but they would be able to claim their costs back from you (with any on-costs added) in which case it would be better for the property owner not to be too fussy in their demands.

You don't need to look at their liability insurance.  If they do damage they are liable for then your claim would be against the company, not the insurer.

Also, be careful about trying to refuse/limit their access.  Ultimately there are powers to gain entry to your property and there is a limit to the amount of negotiation they will be willing to do before going down the legal route.  In particular, if the works are necessary for some kind of emergency they won't waste time negotiating.  Also bear in mind that if a delay in getting the repair completed causes other properties to be flooded then the company may seek to recover third-party losses from the person who refused access.

lisyloo

But you can make it "difficult" though e.g. parking your car across your entrance.
They will ultimately have rights but calling the police or getting someone to physically move you car takes time.

I'm not sure what the point it though.
You can NOT claim off their insurance.
All it would tell you is that they are insured.
Their ability to pay is not really in question here, so not clear what you want to achieve.

Also bear in mind that making a big fuss and having it on public record will make it more difficult to sell your property as you will HAVE to declare this when you sell (if you don't you'll be liable to new owners).

If it was me. 
I'd take photos beforehand.
Get legal insurance that cover this as a precaution.
and deal with any issues with DIY administration.
When it then comes to sell your house you have to declare damage was done but rectified by them - so no issue.

Section62

lisyloo said:

But you can make it "difficult" though e.g. parking your car across your entrance.
They will ultimately have rights but calling the police or getting someone to physically move you car takes time.
...

What would be the point of that?

If the works were planned then the company has all the time they need to arrange vehicle removal.

If the works are 'emergency' then length of rope and a van is all that is needed to move a vehicle which is in the way.  The vehicle owner may have a claim if any damage is done to the vehicle while dragging it out of the way.  But good luck with that if you deliberately parked the vehicle to obstruct repair work on a public sewer which was necessary to avoid flooding of people's homes.

lisyloo

well exactly, but the OP said he wanted to see their insurance.
I'm agreeing with you and pointing out the futility as their insurance is no use to the OP.

You can NOT claim off someone elses insurance.
It only proves ability to pay, which is not in question with a utility company.
Some organisations might not have insurance for certain situations.
They may choose to self-insure, but they can still afford to fix the garden.

Bigphil1474

OP, if it's any consolation, the gas board round here did a proper re-instating job after digging up my back garden to find a leaking gas pipe. My garden was probably better after they've left than before they came. Maybe you were just unlucky last time. Personally, if the gas or water company need to dig my garden up to repair utilities, then I'm happy for them to do so - better than a stream of cra p in my garden.