Hazardous sewer pipe conundrum responsibility?

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Hazardous sewer pipe conundrum responsibility?

Postby mylor » Tue Feb 06, 2018 7:51 pm

sewer pipe position.png

Hello, Desperately seeking advice please.
Please see rough diagram
One foul sewer pipe that is for sole use of my neighbour. Sewer pipe has one junction at 6 feet and then turns at a right angle last length is 15 feet
First 6 feet of pipe buried exit neighbours straight out of wall away from their property
My property is 6 feet further forward to neighbour hence those first 6 feet of his pipe are some 10 inches buried close to my foundations
Where his 6 foot pipe turns it then enters my land and skirts my foundations for 6 feet or so then continues under my garden for 9 feet to sewer manhole on my drive.
Please can anybody tell me who is responsible for which parts of this pipe that is not used by any my home?
Reason being is that hydrogen sulfide sewer gas is backdrafting from this sewer pipe and up through my foundations, plus it is clearly allowing some liquid out as, even tho there is no photographic evidence as there is nothing to see, I will say this; my house feels like a sponge placed on a constant shallow dish of water, this was also said to me once years before I discovered this evil sewer pipe.
So far south west water and enviromental health have been utterly useless, infact I feel that they are making things even harder for me to sort out.
Also sww have drawn a 'map' of mine and the neighbours pipe work in the false belief that they've done me a favour? Hardly, likely as I had already done a map of where the pipes are situated, plus their map couldn't be further from the truth. I have insisted that they remove the false map from their files, they refused!! Last email I had from them reiterates yet again how they will keep their version of the map. Crucial mistakes. Firstly, foul sewer for next door only exits the front of the property. sww map has soil pipe at the front and the rear of neighbours property. Secondly rather than show how close neighbours pipes are to my foundations, they have drawn everything to look perfect, giving plenty of birth to the position of the pipes, by doing this,any of my queries with them, on paper, that is are negated, effectively making me look like a raving lunatic. My bloods boiling. The 3rd customer complaint person looks at this and thinks, what is this customers problem? Save my sanity please, what on earth are they doing? Furious is an understatment, this is my home they are making false maps of. Am sure there is a law about this wrong, out of order behaviour.
Are they deliberately trying to send me stark starring mad? I have the eqivalent of chapter and verse in emails with them. Am worn out. Wouldn't be so bad if the problem pipe actually had anything to do with my house but it does NOT. Am shaking as I type.
This is a modern day version of a gas chamber to me.
I really do dispair. I've been actively pushing to get this sorted since march 2017 last year. Tried building control, no use. Emailed local councillor, ignored me. As far as I am aware article 1 protocol 1 is very applicable and HRA artcle 2,3 and 8 are being violated, but I can not get and helpanywhere from all the avenues I've tried. Surely the onous should not be down to me to prove invisable gas is entering my home.
It makes me wild. This pipe serves no purpose to my property. But it is ruining my life.
Insurance company are useless, trace and access on the insurance, again useless, legal expenses cover, useless! Seriously wonder what I am paying home insurance for? (how does one go about proving an invisible gas?)
south west water keep changing their mind and the neighbour refuses to have anything to do it with stating it's nothing to do with him! I have looked in to legal aid and that looks impossible to get. Well enviromental health have been useless also, when I complained about odor pollution, this is what I got in a letter back from them :-
I am sorry you are experiencing these problems, we have no powers for odours from a domestic property (unless it is accumulations),
Am I the only one that thinks that they do not know what their job description entails? Plus they never did reply when I wrote asking them to explain. Or could that be blind ignorance?
Sww have no idea as I have 2 emails from them , one stating that it is theirs as soon as it is on my land, and the other states that it is nothing to do with sww!! Nice I whilst I sit back in the luxury of STILL breathing in poisnous hydrogen sulfide sewer gas.
This is beyond a joke, every avenue I have gone down for help leaves me no further ahead. I don't know how much longer I am going to be able to keep a level head to see this throught to a resolution. So far it has been the biggest nightmare ever. I've only given the very bare bones of this life changing diabolical unfair situation.
Any advise or help will be very gratefully appreciated, thank you.
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Re: Hazardous sewer pipe conundrum responsibility?

Postby SJC14 » Tue Feb 06, 2018 8:58 pm

If you can smell rotten eggs and it is strong near the sewer and you think that the sewer has leaked and you told SWW exactly this and have they checked?

Have you had a plumber come and investigate with a camera?

Ignore the source of the pipe and it being your neighbours waste pipe - that is irrelevant and not going to change.
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Re: Hazardous sewer pipe conundrum responsibility?

Postby MacadamB53 » Tue Feb 06, 2018 9:27 pm

Hi mylor,

current legislation has it that all sections of pipework that carry someone else’s waste - ie because:

1. it carries waste not from property A across property A
OR
2. it carries waste from property A and from other(s) across property A

- is owned by the local sewerage undertaker.

therefore, the section across your land that carries next door’s waste is owned by your local sewerage undertaker - SWW.

kind regards, Mac
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Re: Hazardous sewer pipe conundrum responsibility?

Postby despair » Wed Feb 07, 2018 11:24 am

Is there an easement in your deeds for this sewage pipe ?

How long has it been there ?
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Re: Hazardous sewer pipe conundrum responsibility?

Postby jonahinoz » Wed Feb 07, 2018 7:52 pm

Is there an easement in your deeds for this sewage pipe ? How long has it been there ?

Hi,

Is there anything or, or your neighbour's, deeds allowing your neighbours to excavate in your garden to repair their sewers.

I don't know about these things. Is hydrogen sulfide explosive? I assume by poisonous, you mean it will kill you? Tell Whoever that you are planning to go down the inspection chamber with a torch, date and time ... ask if they would like to come with you, to check your findings.

Er ... Do not go into the inspection chamber, just say you are going to. Perhaps the thought of an interested Coroner might concentrate their minds.

Sue your neighbour for damage to your house and loss of enjoyment. Let his insurers investigate. I assume he has house insurance, which will include third party claims.

John W
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Re: Hazardous sewer pipe conundrum responsibility?

Postby MacadamB53 » Wed Feb 07, 2018 9:55 pm

Hi John W,

the OP doesn’t own the inspection chamber so best not advise them to go anywhere near it without seeking permission from the owner first...

kind regards, Mac
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Re: Hazardous sewer pipe conundrum responsibility?

Postby Collaborate » Thu Feb 08, 2018 10:35 am

MacadamB53 wrote:Hi John W,

the OP doesn’t own the inspection chamber so best not advise them to go anywhere near it without seeking permission from the owner first...

kind regards, Mac


under my garden for 9 feet to sewer manhole on my drive
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Re: Hazardous sewer pipe conundrum responsibility?

Postby MacadamB53 » Thu Feb 08, 2018 12:07 pm

Collaborate wrote:
MacadamB53 wrote:Hi John W,

the OP doesn’t own the inspection chamber so best not advise them to go anywhere near it without seeking permission from the owner first...

kind regards, Mac


under my garden for 9 feet to sewer manhole on my drive
Hi Collaborate,

I’m unsure why you posted those two quotes together?

from my reading of the info provided, a drain carrying the neighbour’s waste connects to that inspection chamber sided on the OP’s land - therefore, that inspection chamber is a public sewer owner by the local sewerage undertaker.

kind regards, Mac
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Re: Hazardous sewer pipe conundrum responsibility?

Postby Collaborate » Thu Feb 08, 2018 1:41 pm

Ownership of the land vests in OP. The sewage undertaker has a right to run services under their land, but to say that OP cannot lift a manhole cover and have a look in the inspection chamber on the basis that they don't own it is incorrect. They own each and every part of their land down to the centre of the earth.
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Re: Hazardous sewer pipe conundrum responsibility?

Postby MacadamB53 » Thu Feb 08, 2018 5:18 pm

Collaborate wrote:Ownership of the land vests in OP. The sewage undertaker has a right to run services under their land, but to say that OP cannot lift a manhole cover and have a look in the inspection chamber on the basis that they don't own it is incorrect. They own each and every part of their land down to the centre of the earth.


by that logic they would also own any telecommunications apparatus installed on their patch, but they don’t - nor do they own the pipes, etc. being discussed because the relevant legislation passed ownership to the local sewerage undertaker.

here’s a snippet from a guide produced by one sewerage undertaker:

Where existing foul, surface water or combined sewers, and any drains of that nature serving individual properties which are outside the curtilage of the property they serve, connect to the public sewerage system then the ownership of and responsibility for their maintenance will transfer to the water and sewerage company for the area.

kind regards, Mac
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Re: Hazardous sewer pipe conundrum responsibility?

Postby Collaborate » Thu Feb 08, 2018 8:08 pm

Ownership of the apparatus, yes, but not the right to exclude OP from the inspection chamber.
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Re: Hazardous sewer pipe conundrum responsibility?

Postby jonahinoz » Fri Feb 09, 2018 9:21 am

Hi Mylor,

Is your house connected to the stretch of sewer in question? Do you KNOW that it is not your "liquid" that is leaking? Is there a stench pipe? Why should your neighbour's sewers smell and mine don't?

John W
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Re: Hazardous sewer pipe conundrum responsibility?

Postby mylor » Mon Feb 12, 2018 5:02 am

jonahinoz wrote:Hi Mylor,

Is your house connected to the stretch of sewer in question? Do you KNOW that it is not your "liquid" that is leaking? Is there a stench pipe? Why should your neighbour's sewers smell and mine don't?

John W



Hi jonahinoz,
My sewer pipe is over the other side of my house. It does not connect to the neighbours foul sewer pipe (red in diagram) The inspection chamber for my sewer pipe is in my garage, from there it goes down my driveway then meets the main manhole, situated near the end of my driveway, which is where my neighbours pipe ends. They have two loos and average half a dozen people plus animals in the premises. I have one loo and am very solitary. My daughter and and little grandson don't like coming here because of, above and beyond the vile odor, it's the serious health implications relating to the airbourne pathogens from the hydrogen sulfide sewer gas
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Re: Hazardous sewer pipe conundrum responsibility?

Postby mylor » Mon Feb 12, 2018 5:21 am

MacadamB53 wrote:Hi mylor,

current legislation has it that all sections of pipework that carry someone else’s waste - ie because:

1. it carries waste not from property A across property A
OR
2. it carries waste from property A and from other(s) across property A

- is owned by the local sewerage undertaker.

therefore, the section across your land that carries next door’s waste is owned by your local sewerage undertaker - SWW.

kind regards, Mac



Hi MacadamB53,

Thank you, this helps reinforce what I believed to be the case. Even now, still, sww are still trying to say it's nothing to do with them.
What I can't work out now is, how would I start going about pursuing both responsible parties ie neighbour & sww? (hmm seeing that both of them are shaking their heads trying to deny it's anything to do with either of them!?? Oh dear.)

1) Neighbour for the first 6 feet his pipe that exits his property, on his land BUT is only some 10 inches from my foundations for the whole 6 feet.

2) Sww from where neighbours sewer pipe changes direction, it becomes sww for the following 6 feet and again only some 10 inches from my foundations, and the remaining 9-12 feet then carries on under my garden and drive to the main sewer manhole located near the end of my drive (black circle) on diagram.

Kindest regards
Mylor
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Re: Hazardous sewer pipe conundrum responsibility?

Postby jdfi » Mon Feb 12, 2018 10:41 am

It would be interesting if you were to excavate the trench that contains this pipe, and just leave the pipe exposed for a while, as if nothing else this would allow your expert to see precisely where any leakage is coming from, and hopefully prove your case.
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