Garden Law Discussion

They would be unwise to argue with the Water Company, who will have deep pockets, never mind the fact trying to prevent access by a Utility to inspect/maintain their assets isn't going to win any favour from a Court. Drainage is a basic right for any property, it has always been the case that a 48 h...

Given that plot 3 is virtually opposite their existing property, and they enjoy a ROW to access that, I'd imagine trying to prevent them using their ROW to access land directly opposite that they already own, without trespassing on any 3rd party property, wont get you much sympathy in the eyes of th...

Properties with the burden of a ROW can be a nightmare, but having said that, there are thousands with ROW's up and down the country that never have an issue, people accept the situation and live with it. Problems usually arise when property changes hands, and the new occupiers wont accept the statu...

A bit late, but generally small water pipes, are the responsibility of the property(ies) they supply. Once past the boundary onto private land, they then become the issue of the end user and/or property owner to maintain. (Although the benefit of smaller pipework is its easy to replace/reroute if re...

I'd throw it back at the EA. One party is blocking the replacement of the existing septic tank installation, until they give permission to go ahead you are unable to carry out any works due to depriving the uncooperative party of their sewerage arrangements. Secondly, in addition to the above, all c...

Clifford Pope wrote: ↑Thu Nov 26, 2020 10:30 am There's something wrong with the forum clock here:

"Thu Nov 26, 2020 10:49 am" appeared this morning, sometime before 10.09 am

The forum clock is still working on BST (GMT +1) I've just posted an another thread, it is now 16.24 (GMT), Forum says my post was submitted at 17.18.

Discharge from the Septic tank is a pollution matter, that's down to the EA to deal with. Blocking off the neighbours drainage is a Public Health matter and down to Environmental Health. I strongly suspect, denying the neighbour use of their toilet facilities is not within your rights, regardless of...

Kerb is likely to be the Highways property, technically nothing you can do about that until such time as they choose to repair it. If the garden is definitely yours, then perhaps seek to place a large stone/rock on the corner to prevent egress by larger vehicles, but bear in mind there may be a back...

Regardless of who owns the land in which the septic tank sits, all connected to it would have a right to use the tank and associated pipework. If a third party was to carry out activity which compromised the operation of the tank or associated pipework, then they would be liable to put that right ag...

Couple of points to note. Any shared drain laid prior to the introduction of the Public Health Act in October 1936, has nearly always been the responsibility of the Water Company as Sewerage provider. The rules were changed in 2011 to bring almost everyone under the same rules and cut out a lot of c...

Sounds to me that the neighbours haven't really got an issue with the buildings, (if they had, why not object before now?), but having now seen an opportunity to raise a dispute which will affect the Vendor's ability to sell, they can basically blackmail someone into coughing up a large sum of money...

As an aside and in regard to the drains, as they are shared then from the point the system becomes shared, and/or where a sewer serving one property, passes under the boundary into a neighbouring property, the drain/sewer from that point then becomes the responsibility of the Sewerage provider, (usu...

First port of call would be to speak to Severn Trent, they should have a record on their mapping system as to size and direction of the pipe, possibly even the depth. If it's a main sewer, then it is their asset, and they will have an easement for the sewer and access rights to maintain it. In pract...

It's a limited company who specialises in property refurbs and renting. Then all the Hallmarks are that they know exactly what they are doing, and given a HMO may be/is in the pipeline, I have to wonder if this is an attempt to 'grab' an additional parking area. Stop it now, erect another fence if ...

I would have expected the old septic tank to have been removed/and/or filled in at the same time as the properties were connected to mains drainage. They can be quite deep, and anyone/anything falling in would not get out very easily, so for safety reasons, once it ceased to be of use, it should hav...