Shared drainage problem

Re: Shared drainage problem

Postby despair » Mon Nov 09, 2015 1:47 pm

Brilliant Pilman

That's the one thing I too should have thought of following change is Sewer laws
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Re: Shared drainage problem

Postby span » Mon Nov 09, 2015 4:14 pm

Yeah, but I still prefer my expanding foam idea.
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Re: Shared drainage problem

Postby pilman » Mon Nov 09, 2015 4:34 pm

Yeah, but I still prefer my expanding foam idea.
That would be cause for a successful legal suit for trespass with damages to be assessed by the court.

On the facts as posted those physical damages caused by a deliberate pre-considered act would be substantial enough to leave the OP foaming at the mouth if he accepted the advice offered by span.
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Re: Shared drainage problem

Postby Hugh Jaleak » Wed Nov 11, 2015 1:56 am

Ive just come across this post, so will add my two penny worth if I may. I suspect when these cottages were built, there would have been a stone sink in each kitchen, and a single gulley was more than adequate to share between 2 properties. With the advent of modern living, the sink has also had a washing machine and dishwasher added, thus increasing requirement on the drain. However, a 4" gulley should still cope admirably with this without problem, I am unsure as to where all the 'crud' you are removing is coming from. Is it building up on the grid, or actually filling up the pot below? If it's the former, a simple solution is easily found, the latter then I seriously wonder what and where its coming from! Has the pipe from the gulley to the sewer been checked and deemed clear?

I would strongly advise against doing anything to tamper with or impede the flow from the neighbours, as Pilman has pointed out, in doing so you could fall foul of the law, and lose any sympathy you may get from Environmental Health and/or the Water Company. As the gulley and pipework thereafter is accepting the flow from 2 properties I would be certain it would be classed as shared, and even before the changes in the law on sewers, as it was laid before October 1937, it would be under the Public Health Act 1937, which put all shared drains laid before that date as the responsibility of the sewerage provider.
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Re: Shared drainage problem

Postby ukmicky » Sat Nov 14, 2015 2:43 am

You do not have to continue accepting their waste water if it is not travelling through the pipes to the sewer due to a blockage . Any easement rights they may have will only be enforceable providing the drain remains fit for purpose and the water they discharge through it does so in the manner it was expected to do at the time that the easement was granted or implied.

If when it blocks you notify the neighbours that its blocked and that they must stop using it until the blockage is cleared by your local water company or it will cause damage due to flooding and they fail to stop using it causing damage, they will be causing a actionable nuisance and the law allows you to use self help to prevent further damage from occurring .

If that means temporarily blocking the pipe in order to protect your land then that is what you must do . You would however need to inform them that as they are still discharging through it that you have temporarily blocked it and that would need to be in writing and verbally . You would need to retain evidence that they were causing damage by ignoring your instructions and you would need evidence that you sent them the warning letters.

They may have the legal right to discharge their water to the sewers via your the pipes which run through your land ,they have no right however to discharge onto your land. Would a reasonable man continue to discharge through the drain knowing it will flood and cause damage. The answer is no.

The best solution to future proof your land would be to seal off the drain from the outside world with a flood guard so any blockage would not cause water from the drain to spill out onto your land.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Shared drainage problem

Postby despair » Sat Nov 14, 2015 2:42 pm

DITTO ++++
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