drainage

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Therock77
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drainage

Post by Therock77 » Thu Mar 21, 2019 12:36 pm

I have a gulley in my garden which a neighbour is discharging his bathroom waste into.
He has a downstairs extension which is built to his boundary line. I would like to remove the gulley to carry out improvements to my garden as it serves no purpose to my house. after approacing neighbour to make other arrangements he flattley refuses to help saying it has been their for x amount of years and has gainned the right any advice?

Collaborate
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Re: drainage

Post by Collaborate » Thu Mar 21, 2019 2:19 pm

How many years has it been? Does he have any proof?

Therock77
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Re: drainage

Post by Therock77 » Thu Mar 21, 2019 3:00 pm

He said it was done prior to him buying house. I suspect it was done while my house stood empty for a few year prior to me buying it. If i Had seen it on viewing would have queried it then with solictor.

span
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Re: drainage

Post by span » Thu Mar 21, 2019 4:16 pm

How long ago? You best estimate if you don't know for sure.

Therock77
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Re: drainage

Post by Therock77 » Thu Mar 21, 2019 5:48 pm

6/7 year

Collaborate
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Re: drainage

Post by Collaborate » Thu Mar 21, 2019 7:49 pm

If it's that short he's gained no prescriptive rights. Ask him to put in writing when the extension was built (or look on your council website for planning in case he needed to apply for PP) and if it's only that short you can stop it up. Better to give him a little time first to re-route it.

Therock77
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Re: drainage

Post by Therock77 » Fri Mar 22, 2019 10:31 am

How many year dose it need to have being their to gain rights ? He just says to me it was before he bought property he is very difficult to deal with

liveinpeace
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Re: drainage

Post by liveinpeace » Fri Mar 22, 2019 10:47 am

hi
I thought it was 20 years, as an easement for anything, like windows opening over a boundary, gaining a ROW, guttering etc seems to be this amount of time.
I am sure others will know for definite
regards
Liveinpeace

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Re: drainage

Post by Collaborate » Fri Mar 22, 2019 11:25 am

It is 20 years, but it is also possible that the neighbour may have a defence of proprietary estoppel. Would involve the previous owner of OP's property making the neighbour understand that they would not enforce their legal rights, and as a consequence the neighbour was put to expense.

Therock77
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Re: drainage

Post by Therock77 » Sun Mar 24, 2019 3:12 pm

Collaborate thanks
For advice sounds like it's all in his favour where are my rights for his personal drainage crossing my garden ?

ukmicky
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Re: drainage

Post by ukmicky » Sun Mar 24, 2019 4:28 pm

Proprietary estoppel requires hard evidence.

Hugh Jaleak
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Re: drainage

Post by Hugh Jaleak » Tue Apr 23, 2019 7:04 pm

Need to establish how long it's been there, but the rules changed in 2011, and it may well now be the Water Company's responsibility. Property owners are responsible for any drain serving their property until it meets any drain being used by another property, or passes under the boundary onto a neighbouring property.

it sounds a bit naughty, his drainage should have been taken care of within his own boundaries if the bathroom wasn't original, but there are plenty of properties built with drains in the neighbouring property. Bottom line is, if it was there when you bought the house, I dont see what you can do.

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