Hedges/Fence/Shared Drain

Hedges/Fence/Shared Drain

Postby Lynn38 » Fri Mar 20, 2015 1:01 pm

Hi
I have 3 issues so not sure if it should be in this section but here goes. I will start with the drain because this is why my neighbour said she has taken legal advice.

Drain
I purchased an ex-council semi-detached house about 17 yrs ago. My attached neighbours had also bought their house. All the houses in the street have a shared drain between the semi's at the rear, where both houses kitchen outlet pipe went into. The previous owner in my house had lived in the house for about 40 yrs and had purchased the house from the council after renting all those years, before selling it to me. There was the original sink in the corner to which the outlet pipe went into the shared drain as does all the rest of the houses in the street. When I moved in I had a new outlet pipe put into the drain for the sink and washing machine this was 17 yrs ago (with the same next door neighbour). No issues were addressed from neighbour about this shared drain.

Fence
There was a fence that had already been erected before I bought but I do not know by whom. The boundary is shown as shared on the deeds the T's shown as joint responsibility. The neighbours planted some laurels along the edge of the fencing in their garden. Years down the line the laurels have pushed the fence out of line and it has moved the end post that was joined on the house. I am assuming when this fence was fixed for ease of fitting they have put it slightly to my side so that it doesn't impede getting to the drain, if there was a blockage.

Laurels
The trunk of the laurels have overtime thickened and it looks like they have impeded onto the boundary distorting where the boundary is especially in relation to the drain. They have been left to grow out of control up until last summer when the neighbour had someone cut them on my side so has to stop the branches hanging over my garden. They also cut some off the height but they are still very tall say 9-10 foot. But nothing has been done to rectify the leaning fence which is now not attached to the house.

House
I have rented out my house now for 15 years and although I look after the house internally as a landlord, I have not really paid attention to the boundary in relation to the laurels and the fence. I prefer to get on with neighbours than to cause trouble.

Trouble raised by neighbour
I had to have a new boiler fitted in an emergency as it had broken and could not be repaired. The tenants have babies so could not leave them without hot water. The plumber has fitted a different boiler and therefore a new pipe was put on our outside wall going into the shared drain. The neighbour phoned me and complained of this unsightly pipe going into her drain! She had taken legal advice and I have 14 days to remove the new pipe and while I am at it she says I have to move the pipe that has been there for 17 years. I informed her I am sure it is a shared drain, to which she said,' it is on my land'. She also pointed out I had no right to go onto her land without permission. She was not in and I didn't have her phone number, it was an emergency so I should be ok there as it states I can do that in my deeds. If someone new bought her house I could understand they would think it is on their land has the laurels have totally distorted the boundary line and because the fence is no longer in place.

I have phoned the council as some houses are still council owned and I asked the question if they are shared drains, the answer was yes they will be.

On the land registry it states about; First Schedule: Easements granted to the purchaser: A) The free and uninterrupted passage and running water soil gas electricity and other services over through and along all sewers drains watercourses gutters downspouts pipes wires and cables in on or under the adjoining property.
B) All such rights of way water light drainage air and other easements or quasi-easements of any kind whatsoever in under or over the adjoining property as at present used or enjoyed by the council in respect of the property the purchaser paying a proportionate part of the expense of keeping such party easements or quasi-easements in proper repair and condition.
Second Schedule: Easements Excepted and Reserved out of the Property - As A) above
B) The right at any time hereafter to lay or place in through or under the Property all sewers drains watercourses gutters downspouts pipes wires cables and other services as the owners may require for the benefit of the Adjoining Property or that the council may require for any other adjoining or adjacent land belonging to the council ......and it goes on


I would normally just point out to the neighbour that all she needs to do is look at the other houses to see they have shared drains. But now I feel I need to sort out this fence and laurel trunks encroaching because when it comes to selling either property there could be some issue with boundary.

I hope that someone can give me advice about where I stand with the laurels, if they have encroached on my land what can I do about it. Also how do I go about getting the fence erected straight if trees are in the way? Unfortunately the neighbour has a tendency to complain and have threatened my tenants with the police for having their dryer on in the kitchen!! My tenants are very good gentle people not hooligans. :?

Many thanks for taking the time to read this. Kind Regards Lynn
Lynn38
 
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Re: Hedges/Fence/Shared Drain

Postby MacadamB53 » Fri Mar 20, 2015 1:43 pm

Hi Lynn,

your neighbour is wrong to think you have no rights over the drain.
she needs to see the register entry you've shared on here:

First Schedule: Easements granted to the purchaser: A) The free and uninterrupted passage and running water soil gas electricity and other services over through and along all sewers drains watercourses gutters downspouts pipes wires and cables in on or under the adjoining property.

as for the boundary feature - not a good idea to duplicate things so the obvious question is: do you NEED a fence?

Kind regards, Mac
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Re: Hedges/Fence/Shared Drain

Postby Lynn38 » Fri Mar 20, 2015 2:10 pm

Thanks Mac
I didn't fully understand the terminology of the deeds.
I understand where you are coming from and I may not need to put a fence all the way along the garden, however, by the drain for about 3' there is a gap where there is no laurels due to tarmac. Perhaps the best thing to do would be to put a section of ranch like fencing where the drain is just so that we can show that that is the boundary and we share the drain. I will be selling in a couple of years and so would like to sort this now. Plus my tenants have tiny children so wouldn't want them escaping into next door.
Lynn
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Re: Hedges/Fence/Shared Drain

Postby arsie » Fri Mar 20, 2015 10:24 pm

Lynn, as Mac says, and I agree, the words from your deeds say that you have the right to share the drain - even if it is mostly/all on the neighbours land. His advice about fencing the gap is sensible too, especially if there are small children in your property.
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Re: Hedges/Fence/Shared Drain

Postby arborlad » Sat Mar 21, 2015 12:01 am

Lynn38 wrote: The boundary is shown as shared on the deeds the T's shown as joint responsibility.



Does your neighbour agree with this?
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Re: Hedges/Fence/Shared Drain

Postby Lynn38 » Sat Mar 21, 2015 8:12 pm

Hi
I have not yet approached the neighbour after her phone call saying she has taken legal advice, and that she had given me 14 days to remove pipes. I wanted to wait after I had received all your comments, which is appreciate very much. I will take my deeds up and show her.
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Re: Hedges/Fence/Shared Drain

Postby Roblewis » Sat Mar 21, 2015 11:49 pm

I am not sure what pipe the reference is to with regard to the boiler. As long as it is within your curtilage there is nothing that they can do, unless of course the plumber has lazily run a pipe over their land to the drain. Couple it to the drain pipe within your own curtilage and all is done.
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Re: Hedges/Fence/Shared Drain

Postby jdfi » Mon Mar 23, 2015 7:08 am

Sounds like you already have a notifiable dispute.

I would be tempted to respond through solicitors.
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Re: Hedges/Fence/Shared Drain

Postby Lynn38 » Tue Mar 24, 2015 11:58 pm

I have spoke to the neighbour today who is back tracking slightly. She realises I can use the drain but is now saying the pipe is in the way to straighten up the fence so it needs moving. The reason why he put the pipe on a slope was because of how the fence had been pushed with the laurels so couldn't go straight down. Anyway although it still was on my wall I have asked the plumber to put it straight but still into the drain going along the floor, and told neighbour we want to put the fence back to the boundry line so she has to cut back the laurels for us to do this and she has agreed.

Thank you all for your input, very much appreciated.
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Re: Hedges/Fence/Shared Drain

Postby MacadamB53 » Wed Mar 25, 2015 12:27 am

Hi Lynn,

told the neighbour... ...she has to cut back the laurels

that's rather demanding of you, nice of her to agree though - not such a bad egg after all

Regards, Mac
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Re: Hedges/Fence/Shared Drain

Postby arsie » Wed Apr 01, 2015 9:35 am

MacadamB53 wrote:Hi Lynn,

told the neighbour... ...she has to cut back the laurels

that's rather demanding of you, nice of her to agree though - not such a bad egg after all

Regards, Mac

A classic Mac partial quote that leaves a wrong impression, to 'big up' own words in this case. What the OP said in full indicates that the two neighbours are now having a 2-way interaction, not that the OP is being 'rather demanding'.
Lynn38 wrote:I have spoke to the neighbour today who is back tracking slightly. She realises I can use the drain but is now saying the pipe is in the way to straighten up the fence so it needs moving. The reason why he put the pipe on a slope was because of how the fence had been pushed with the laurels so couldn't go straight down. Anyway although it still was on my wall I have asked the plumber to put it straight but still into the drain going along the floor, and told neighbour we want to put the fence back to the boundry line so she has to cut back the laurels for us to do this and she has agreed.

Thank you all for your input, very much appreciated.
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Re: Hedges/Fence/Shared Drain

Postby arborlad » Thu Apr 02, 2015 2:44 pm

Lynn38 wrote: however, by the drain for about 3' there is a gap where there is no laurels due to tarmac.
Lynn



Can you explain the presence of the tarmac, it's a fairly normal surfacing for drives, less so in back gardens.
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Re: Hedges/Fence/Shared Drain

Postby arborlad » Thu Apr 02, 2015 3:28 pm

MacadamB53 wrote:............. the obvious question is: do you NEED a fence?



The current fence, though dilapidated, is still performing its correct function of defining and securing the lands of its owners, whilst doing this it may also be performing ancillary functions of keeping children in or out, looking nice (doubtful) and all manner of other tasks. The more obvious question is why you think the lands don't need defining and securing?

For the OP, the current limit of your land will lie in the centre of that fence, half on your land, half on your neighbours.
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Re: Hedges/Fence/Shared Drain

Postby MacadamB53 » Thu Apr 02, 2015 4:21 pm

Hi arborlad,

The more obvious question is why you think the lands don't need defining and securing?

are you bored or something?!?

Puzzled regards, Mac
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