Septic tank (shared) upgrade - what would you do?

propertyrental

Agree you need legal advice, but I don't believe an easement dies just because a neighbour (unilaterally) changes the system.

Neighbour B still has an easement over your property, but in the same place it's always been, and you continue to have rights to use whatever system is installed.

How I see it anyway.....

AJC211

Actually…the easement goes all ways, so if HE can use the easement to continue to use the pipes, then so can I 🤔Which would
mean my sewage goes…oh hang on! Into the tank in Neighbour C’s property…exactly like it does now 🤔Sooooo I’ll just sit tight. If the pipes work for him, they work for me too 🤷‍♀️

AJC211

propertyrental said:

Agree you need legal advice, but I don't believe an easement dies just because a neighbour (unilaterally) changes the system.

Neighbour B still has an easement over your property, but in the same place it's always been, and you continue to have rights to use whatever system is installed.

How I see it anyway.....

Yes I do need legal advice and won’t be replying until I’ve got it. Nothing will move on until we know how the easement works in this scenario. I see it as quite black and white - we either have it in all it’s components and all the neighbours enjoy what it brings….or we don’t, none of the parts and none of the people. But I suspect it’s not that simple!

ThisIsWeird

Your neighbour 'insisted' you reply to his email within 2 days? What a bludy nerve! There can be no penalty for you not responding within his arbitrary 2 days. Keep all this stuff, as it continues to demonstrate unreasonable behaviour.

Do you know the layout of the existing pipes? Could you sketch it? Does your sewer connect to neighbour A's garden-crossing pipe within your land as it travels to Neighb C's? If so, what does he propose to do with your sewer should he expect to connect to C's new system? Is he expecting to lay a completely new pipe across your garden? If so, how can he justify this within the existing easements - I mean, that doesn't give anyone carte blanche to lay as many pipes as they want across someone else's land; he already has a pipe that works, so what the hell? Or, if he expects to continue using the same pipe, what's he going to do about your connection? Certainly not disconnect it.

Weird.

AJC211

ThisIsWeird said:

Your neighbour 'insisted' you reply to his email within 2 days? What a bludy nerve! There can be no penalty for you not responding within his arbitrary 2 days. Keep all this stuff, as it continues to demonstrate unreasonable behaviour.

Do you know the layout of the existing pipes? Could you sketch it? Does your sewer connect to neighbour A's garden-crossing pipe within your land as it travels to Neighb C's? If so, what does he propose to do with your sewer should he expect to connect to C's new system? Is he expecting to lay a completely new pipe across your garden? If so, how can he justify this within the existing easements - I mean, that doesn't give anyone carte blanche to lay as many pipes as they want across someone else's land; he already has a pipe that works, so what the hell? Or, if he expects to continue using the same pipe, what's he going to do about your connection? Certainly not disconnect it.

Weird.

He plans to use the existing pipes, going to a new system that I’m not using….except yes my pipes join the ones that pass through my front garden. I have no idea how he sees this working. I expect he’ll explain it to me at our meeting…which I won’t be going to until I’ve clarified the legal aspects. It all seems very strange to me 🤷‍♀️

ThisIsWeird

AJC211 said:

ThisIsWeird said:

Your neighbour 'insisted' you reply to his email within 2 days? What a bludy nerve! There can be no penalty for you not responding within his arbitrary 2 days. Keep all this stuff, as it continues to demonstrate unreasonable behaviour.

Do you know the layout of the existing pipes? Could you sketch it? Does your sewer connect to neighbour A's garden-crossing pipe within your land as it travels to Neighb C's? If so, what does he propose to do with your sewer should he expect to connect to C's new system? Is he expecting to lay a completely new pipe across your garden? If so, how can he justify this within the existing easements - I mean, that doesn't give anyone carte blanche to lay as many pipes as they want across someone else's land; he already has a pipe that works, so what the hell? Or, if he expects to continue using the same pipe, what's he going to do about your connection? Certainly not disconnect it.

Weird.

He plans to use the existing pipes, going to a new system that I’m not using….except yes my pipes join the ones that pass through my front garden. I have no idea how he sees this working. I expect he’ll explain it to me at our meeting…which I won’t be going to until I’ve clarified the legal aspects. It all seems very strange to me 🤷‍♀️

In which case, if he disconnects your pipe from it (and how could he anyway as the join is within your property?) he'll surely be liable for all the resulting damage.

This is all very bizarre.

AJC211

ThisIsWeird said:

AJC211 said:

ThisIsWeird said:

Your neighbour 'insisted' you reply to his email within 2 days? What a bludy nerve! There can be no penalty for you not responding within his arbitrary 2 days. Keep all this stuff, as it continues to demonstrate unreasonable behaviour.

Do you know the layout of the existing pipes? Could you sketch it? Does your sewer connect to neighbour A's garden-crossing pipe within your land as it travels to Neighb C's? If so, what does he propose to do with your sewer should he expect to connect to C's new system? Is he expecting to lay a completely new pipe across your garden? If so, how can he justify this within the existing easements - I mean, that doesn't give anyone carte blanche to lay as many pipes as they want across someone else's land; he already has a pipe that works, so what the hell? Or, if he expects to continue using the same pipe, what's he going to do about your connection? Certainly not disconnect it.

Weird.

He plans to use the existing pipes, going to a new system that I’m not using….except yes my pipes join the ones that pass through my front garden. I have no idea how he sees this working. I expect he’ll explain it to me at our meeting…which I won’t be going to until I’ve clarified the legal aspects. It all seems very strange to me 🤷‍♀️

In which case, if he disconnects your pipe from it (and how could he anyway as the join is within your property?) he'll surely be liable for all the resulting damage.

This is all very bizarre.

I genuinely don’t know how he thinks it will
work. I can only assume he’s got one final
trick up
his sleeve to try and convince me of a new shared version, and so he’s trying to make me getting my own system seem awkward. He will
be in a very bad position if I go solo and he can’t use the pipes across my garden - I will
be in a very bad position if I go solo and he CAN use the pipes! 

If he can continue to use the pipes, then I can too, is what I think…?! In
which case if the pipes are diverted to a new system that I haven’t agreed to, then I’m not paying for it…it’s bonkers. Think it’s all a ploy for them to get what they want, but they don’t seem to realise that EVERY solution they’ve found works great for them, and badly for me, which is why I haven’t agreed to any of them. 

Funnily enough I don’t want to share with them
any more 😂

youth_leader

So sorry you are having to deal with this 'sh_t', so ridiculous. 

We had a septic tank and difficulties with the soakaway, it is just dreadful when neighbours won't co-operate.  This neighbour was the only one home when my husband died, after seven years of ignorance he was forced to speak to me.

ThisIsWeird

AJC211 said:

In which case, if he disconnects your pipe from it (and how could he anyway as the join is within your property?) he'll surely be liable for all the resulting damage.

This is all very bizarre.

I genuinely don’t know how he thinks it will
work. I can only assume he’s got one final
trick up
his sleeve to try and convince me of a new shared version, and so he’s trying to make me getting my own system seem awkward. He will
be in a very bad position if I go solo and he can’t use the pipes across my garden - I will
be in a very bad position if I go solo and he CAN use the pipes! 

If he can continue to use the pipes, then I can too, is what I think…?! In
which case if the pipes are diverted to a new system that I haven’t agreed to, then I’m not paying for it…it’s bonkers. Think it’s all a ploy for them to get what they want, but they don’t seem to realise that EVERY solution they’ve found works great for them, and badly for me, which is why I haven’t agreed to any of them. 

Funnily enough I don’t want to share with them
any more 😂

Is there any mileage in you letting them continue to use their interconnecting pipe for their new system, and you disconnect from this and instal your own TP?

It'll be no worse than the current situation. And obvs better since you'll be independent.

Conditions: They'd be liable for any of your disconnecting costs from that old pipe - if any. All deeds to be amended - they pay the solicitor's fees - to remove you from any liability towards the repair and maintenance of the old pipes and their new system.

If that has potential for you, then you can offer that as another way forward. If they accept it, you have a solution, and you can then go independent. If they don't, it's more evidence of their intransigence and lack of reason, which shouldn't serve them well should this go 'legal'.

Keep giving them rope :-)

(Of course, if their pipe goes faulty under your land, it'll be an inconvenience to you, but no worse than countless other folk across the country - including me. And it's no more likely to happen than it currently is.)

AJC211

ThisIsWeird said:

AJC211 said:

In which case, if he disconnects your pipe from it (and how could he anyway as the join is within your property?) he'll surely be liable for all the resulting damage.

This is all very bizarre.

I genuinely don’t know how he thinks it will
work. I can only assume he’s got one final
trick up
his sleeve to try and convince me of a new shared version, and so he’s trying to make me getting my own system seem awkward. He will
be in a very bad position if I go solo and he can’t use the pipes across my garden - I will
be in a very bad position if I go solo and he CAN use the pipes! 

If he can continue to use the pipes, then I can too, is what I think…?! In
which case if the pipes are diverted to a new system that I haven’t agreed to, then I’m not paying for it…it’s bonkers. Think it’s all a ploy for them to get what they want, but they don’t seem to realise that EVERY solution they’ve found works great for them, and badly for me, which is why I haven’t agreed to any of them. 

Funnily enough I don’t want to share with them
any more 😂

Is there any mileage in you letting them continue to use their interconnecting pipe for their new system, and you disconnect from this and instal your own TP?

It'll be no worse than the current situation. And obvs better since you'll be independent.

Conditions: They'd be liable for any of your disconnecting costs from that old pipe - if any. All deeds to be amended - they pay the solicitor's fees - to remove you from any liability towards the repair and maintenance of the old pipes and their new system.

If that has potential for you, then you can offer that as another way forward. If they accept it, you have a solution, and you can then go independent. If they don't, it's more evidence of their intransigence and lack of reason, which shouldn't serve them well should this go 'legal'.

Keep giving them rope :-)

(Of course, if their pipe goes faulty under your land, it'll be an inconvenience to you, but no worse than countless other folk across the country - including me. And it's no more likely to happen than it currently is.)

The pipe crossing my land is completely in the way of my pipes going to my own system - it's right in front of my house where my pipes exit. I'd have to fudge my pipes above or (more likely) below the existing one - in two places - which when gradient is taken into account, will mean the WHOLE system will need to be made deeper; a lot more digging and expense. It's a nightmare to keep those pipes crossing my land. I've had this confirmed by a friend who is a drainage expert. 

If he uses those pipes under the current easement, then I am still liable for all the other costs and responsibilities that this easement entails - 1/3 of instalment costs, maintenance etc, for a system that I won't be using if I go solo! 

I think the old easement will have to be ended by a Deed of Release that we all agree to - otherwise we all continue to have rights to use those pipes and whatever my neighbours do regarding the septic tank, and we're all liable to costs even if we haven't agreed them. So that easement has to end, and my neighbour would need a new one to use pipes crossing my land. I think...that's something I'm checking with legal advice. 

It's just massive hassle and nonsense and stress just because neither of my neighbours want the upheaval of digging up their gardens. I'm so DONE with it all and am wondering if my legal cover on my home insurance will finally be triggered - it's only triggered if my neighbours cause a nuisance. Something else I'm following up on.