brett1985 Posted January 27, 2016 Report Share Posted January 27, 2016 i'll try and keep this as brief as possible, but include all the factors. builders previously bought a small plot of land next to my house, and started excavating it yesterday so they can build a small house there. now at the front of our house, on the road, there is no sewage drain. the sewage drain starts at the back of my house, behind my kitchen, and then runs down the terrace and the neighbours all connect in to it. upon speaking to the builders, it would seem that they were under the impression that they would be connecting to my drain. while this wouldn't/shouldn't be an issue normally, they are going to have to dig up not only my concrete path, but also the concrete slab that my rather full shed currently sits on. so that leaves me with 2 burning issues. 1: that shed isn't moving for toffee as I've nowhere else to put everything 2: the path leads straight past my back door, which is the door we use as our main entrance. therefore, we wouldn't be able to use it for a considerable amount of time. has anyone ever had similar dealings before? if so, how did you remedy it? did you find out your exact legal standing? thanks in advance Quote Link to comment Share on other sites More sharing options...
Essex Keeper Posted January 27, 2016 Report Share Posted January 27, 2016 Is the drain in your garden ? Quote Link to comment Share on other sites More sharing options...
brett1985 Posted January 27, 2016 Author Report Share Posted January 27, 2016 yes. behind my kitchen (which Is an extension). Quote Link to comment Share on other sites More sharing options...
fse10 Posted January 27, 2016 Report Share Posted January 27, 2016 As they are not the water company & only a building company they have no right to access your garden to dig it up. So they would need your consent to do so & would of thought pay for the access the shed should not be an issue depending on size of pipe as they could use a remote mole to dig under the slab. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted January 27, 2016 Report Share Posted January 27, 2016 I wonder if they will go legal? Quote Link to comment Share on other sites More sharing options...
rjimmer Posted January 27, 2016 Report Share Posted January 27, 2016 Tell them you want professional advise, both a chartered surveyor and a lawyer, and they will be expected to pay for it. Quote Link to comment Share on other sites More sharing options...
brett1985 Posted January 27, 2016 Author Report Share Posted January 27, 2016 As they are not the water company & only a building company they have no right to access your garden to dig it up. So they would need your consent to do so & would of thought pay for the access the shed should not be an issue depending on size of pipe as they could use a remote mole to dig under the slab. I figured as much ref no right to access, just wanted to be sure. it would pretty hard for them to mole under as the slab and shed are actually about a foot and a half higher than the pathway that leads behind my kitchen. in essence, if they wanted to go that route they would have to dig down about 6 foot to get low enough to pass under it all. I wonder if they will go legal? i'm hoping it wont come to that, I'm happy to be accommodating as I can be, but I don't want to get shafted in the process. Tell them you want professional advise, both a chartered surveyor and a lawyer, and they will be expected to pay for it. I think that may be the way to go for the moment. Quote Link to comment Share on other sites More sharing options...
rjimmer Posted January 27, 2016 Report Share Posted January 27, 2016 Check your deeds, the land next door may have once belonged to the developer who built your house, to see if there is any mention/covenant re future development. In any case, you should take advice from a professional. Quote Link to comment Share on other sites More sharing options...
Duckandswing Posted January 27, 2016 Report Share Posted January 27, 2016 If they want to undertake the works, there should be financial compensation as a minimum for the disruption etc. Quote Link to comment Share on other sites More sharing options...
rjimmer Posted January 27, 2016 Report Share Posted January 27, 2016 If they have no legal right to cross your property, there are such things as 'Equitable Easements', then you could be asking quite a lot to allow the development to proceed. In some cases it could be 30-50% of the value of the plot. Quote Link to comment Share on other sites More sharing options...
digger Posted January 27, 2016 Report Share Posted January 27, 2016 out of interest as your drain is the start of the run how deep is it ? I'd get a surveyor to make sure the 110 mm pipe they put in in no way impedes your flow and that the current run can cope with a new dwelling. Quote Link to comment Share on other sites More sharing options...
brett1985 Posted January 27, 2016 Author Report Share Posted January 27, 2016 out of interest as your drain is the start of the run how deep is it ? I'd get a surveyor to make sure the 110 mm pipe they put in in no way impedes your flow and that the current run can cope with a new dwelling. from memory, and without measuring, the bottom of the main unit is roughly 3 feet down from the manhole cover. Quote Link to comment Share on other sites More sharing options...
old'un Posted January 27, 2016 Report Share Posted January 27, 2016 Is there an easement across your property? Quote Link to comment Share on other sites More sharing options...
brett1985 Posted January 27, 2016 Author Report Share Posted January 27, 2016 not as far as I'm aware, although im currently trying to get my hands on a hard copy of my deeds to check. Quote Link to comment Share on other sites More sharing options...
digger Posted January 27, 2016 Report Share Posted January 27, 2016 Thanks for the response Quote Link to comment Share on other sites More sharing options...
brett1985 Posted January 27, 2016 Author Report Share Posted January 27, 2016 so... bit of an advance on this. I have managed to get a copy of the 'transfer of part of a registered title' from the original sale of the land. the plot was originally owned by the previous owner of the our house, who sold it to make some money by the looks of things. unfortunately for us, it does state under the 'rights granted for the benefit of the property' section that the right is in favour of the property for free and uninterrupted passage and running of the services though the sewers, drains and channels that are now laid upon, through or under the retained land. and, the right for the transferee and his successors in title as owners or occupiers for the time being of the property to enter so much as is reasonably necessary of the retained land at all times on giving not less than 7 days notice to the transferor or his successor in title except in the case of emergency when no notice shall be required to repair, renew, maintain, inspect, lay, replace and clean the service apparatus subject to making good any damage caused thereby. so, looks like they can do what they want as long as they put right whatever they dig up. does the part highlighted in red also mean that I would be responsible for moving the shed??? Quote Link to comment Share on other sites More sharing options...
Westley Posted January 27, 2016 Report Share Posted January 27, 2016 so... bit of an advance on this. I have managed to get a copy of the 'transfer of part of a registered title' from the original sale of the land. the plot was originally owned by the previous owner of the our house, who sold it to make some money by the looks of things. unfortunately for us, it does state under the 'rights granted for the benefit of the property' section that the right is in favour of the property for free and uninterrupted passage and running of the services though the sewers, drains and channels that are now laid upon, through or under the retained land. and, the right for the transferee and his successors in title as owners or occupiers for the time being of the property to enter so much as is reasonably necessary of the retained land at all times on giving not less than 7 days notice to the transferor or his successor in title except in the case of emergency when no notice shall be required to repair, renew, maintain, inspect, lay, replace and clean the service apparatus subject to making good any damage caused thereby. so, looks like they can do what they want as long as they put right whatever they dig up. does the part highlighted in red also mean that I would be responsible for moving the shed??? Was this not pointed out to you, by your Solicitor, at the time of YOUR purchase ? Quote Link to comment Share on other sites More sharing options...
old'un Posted January 27, 2016 Report Share Posted January 27, 2016 there is very little you can do to stop them, but you can ask for a letter of guarantee to return your garden to its former state.Not sure about your shed, never had that problem in my case, if I were you I would give your solicitor a call and tell him your situation. Quote Link to comment Share on other sites More sharing options...
brett1985 Posted January 27, 2016 Author Report Share Posted January 27, 2016 Was this not pointed out to you, by your Solicitor, at the time of YOUR purchase ? Nope. Quote Link to comment Share on other sites More sharing options...
Alex C Posted January 27, 2016 Report Share Posted January 27, 2016 No, you don't have to move your stuff. Tell them you don't mind the disruption but for the duration of the works they remove and transport the contents of your shed to a secure storage site. Upon completion of works you will expect the reverse. They cant impede access to your door and any access egress measures they take must be safe and easily usable by you. Now technically it sounds like they have the rights to go under your land to connect into the drain but they should also understand that its easier to get you onside than not. You can be a major thorn in their side if you want to be and the time and money lost by you being a pain in the bum will be a fraction of what the storage cost for some gear for a week or so. Quote Link to comment Share on other sites More sharing options...
old'un Posted January 27, 2016 Report Share Posted January 27, 2016 Just re-read some of your post and the reason you were not told about it when you purchased the property is because this does not cover your property this only applies to the land that was sold."free and uninterrupted passage" this only applies to existing pipes cables etc and not the laying of new.I have had dealings similar to yours but if I were you I think its really time to give your solicitor a call.who will be responsible for the repair and maintenance of the new pipe work that will be on your land?Don't leave it to chance give him a call. Quote Link to comment Share on other sites More sharing options...
oowee Posted January 27, 2016 Report Share Posted January 27, 2016 Just re-read some of your post and the reason you were not told about it when you purchased the property is because this does not cover your property this only applies to the land that was sold. "free and uninterrupted passage" this only applies to existing pipes cables etc and not the laying of new. I have had dealings similar to yours but if I were you I think its really time to give your solicitor a call. who will be responsible for the repair and maintenance of the new pipe work that will be on your land? Don't leave it to chance give him a call. +1 Know your rights first hour will be free. Either way its better to know. Check household ins for legal cover too, it may well cover this. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.