Damaged service road over water pipes. Who is responsible?

Steph2022

Good afternoon,

The service road that belongs to my neighbours (7,9,11 and 13) is badly damaged and crumbling away. 

These damage are mainly due to property 7 constantly using the road to park their car into their drive (they have a semi detached property)

This service road is over the water drains/pipes that deserves properties 9,11,13,15, therefore there is a risk of the water drains/pipes being damaged if the road is not repaired. 

it feels like it is a bit like the chicken and the eggs.
From my perspective the responsibility should fall under the service road owners to ensure it is maintained properly not to create damage to the pipes.

Don’t they have a duty of care and in case there are issues to the water mains due to the lack of road maintenance then they would be responsible?
Would Thames water be responsible for the maintenance of the drains even on service road?
thanks

marcia_

 Thames water are not responsible for pipework under private land. The land owners are responsible for its upkeep and repairs should they damage it. 

Grumpy_chap

Steph2022 said:

Good afternoon,

The service road that belongs to my neighbours (7,9,11 and 13) is badly damaged and crumbling away. 

These damage are mainly due to property 7 constantly using the road to park their car into their drive (they have a semi detached property)

This service road is over the water drains/pipes that deserves properties 9,11,13,15, therefore there is a risk of the water drains/pipes being damaged if the road is not repaired. 

it feels like it is a bit like the chicken and the eggs.
From my perspective the responsibility should fall under the service road owners to ensure it is maintained properly not to create damage to the pipes.

Don’t they have a duty of care and in case there are issues to the water mains due to the lack of road maintenance then they would be responsible?
Would Thames water be responsible for the maintenance of the drains even on service road?
thanks

Which number is the OP?
Number 15?

marcia_ said:

 Thames water are not responsible for pipework under private land. The land owners are responsible for its upkeep and repairs should they damage it. 

That statement is not necessarily complete.
Thames Water - indeed all the water companies - have vast networks of water supply and foul water drainage installed under private land.  As the asset owner for the service pipes, TW (or whichever water company) are responsible for the asset maintenance.

TW are responsible for the shared pipe up to the individual stop valve at the boundary of each individual curtilage (house).  It is only once the pipe serving only one property is on the one property that the pipe ceases to be a water company asset.

Bookworm105

Depends if you mean clean water supply or foul water removal
Bottom line is who owns the service road and who therefore does that owner get money from to fund the maintenance of it ?

Responsibility for pipes and sewers - Ofwat

Steph2022

Thanks for the comments and help. Just to clarify the issue, the Neighbour feels that although it is not our property’s service road, it is our responsibility, in part, to maintain the service road because our (shared sewer) runs under “their” service road. Also if this turns out to be our responsibility regardless, it would seem to me down the line the next time the service road falls into disrepair in part due to a single party using the service road as their personal driveway, I will be responsible in part for maintaining the single and sole users service road/driveway hence forth. 

RAS

Really need a plan showing the sewers and water pipes. Basically, if they enter at 7 and the last house on the run is 15, then TW are probably liable for maintaining up to the boundary with 15. If they enter at 15, then the other way.

Do you have the relevant plans? If not, get them. And read your deeds to find out who is responsible for maintaining the road surface? Which is a completely different thing to protecting the sewer and waterpipes.

born_again

Steph2022 said:

Thanks for the comments and help. Just to clarify the issue, the Neighbour feels that although it is not our property’s service road, it is our responsibility, in part, to maintain the service road because our (shared sewer) runs under “their” service road. Also if this turns out to be our responsibility regardless, it would seem to me down the line the next time the service road falls into disrepair in part due to a single party using the service road as their personal driveway, I will be responsible in part for maintaining the single and sole users service road/driveway hence forth. 

Was this not brought up at time of house purchase by your solicitor? (whenever it was) who is responsible for upkeep of the road.

Any pipes are not going to be just under the surface, so would need to be some serious road damage to damage them. Which would tend to make people avoid the large holes. 

anselld

The deeds should say who exactly shares responsibility for upkeep of the road.  They should also say who has the right to service supplies via that route which may or may not be the same.