HELP. Anyone had drain problems going through neighbours land?

[Rosco]

So for the past two years, when we have a major down poor our cellar floods. We always thought it was down to the fact our house in the lowest part of the land and all the water congregates there and the cellar was below the water table. On further investigation, we realise that it is purely down to one main drain that is half blocked by tree roots. Due to where our house is situated, it's main drain goes through our neighbours land and into their pond. We have an easement stating that if ever we need to maintain or repair this drain, we can do so.
Long story short, we have tried the amicable route with our neighbours to get it repaired or to install a new drain around another route through their land, but they are having none of it. We had no choice but to point out to them about the easement, still will not have any of it so we ended up seeing a solicitor and getting legal advice. Of course we've now stopped talking altogether and all communication is done via our solicitor. He has been so argumentative that we have now provided him with the cctv of our drain that is clearly blocked on his part of the land and in the mean time found out that his trees were planted by him and these are what has caused the problems. He is still insistent that we are not digging up his lawn to repair it, so I can see we will have to get an injunction against him, yet more unnecessary costs.

Our solicitor is nothing more than average in this department and I wondered if anyone else had problems like this and can help?
If so, can we counter sue for the problems being caused by him? Although the drain goes through his land, he knew it was there and shouldn't have planted the trees in that area.

It's got so annoying and concerning that my missus will not book any holidays away during November - February in case we have a big down poor. It really is causing us some stress over it all.

Any advice welcome!

 

[qureshia]

Hammer some frozen sausages into his lawn.....
Opps sorry wrong forum, as you were



This might alleviate your flooding in the short term






High pressure water powered cutting equipment for cutting away tree roots and other fibrous plant material which has damaged and penetrated the drainage system. Designed to clean sewers from 6" to 20" in diameter. The skid assembly positions the root cutter in the middle of the sewer line creating quick and efficient sewer cleaning.

 

[Lighty]

Shoot him ?

 

[Moz]

I reckon he's only doing it out of protest of all those lovely bits of garage furniture just sat there going nowhere.

It's criminal really, I salute him - someone needs to make a stand.

 

[Clive]

the law is odd on this and seems very unfair

basically when water leaves your land its no longer your responsibility - you can drain your land and flood you neighbour and there is very little they can do about it

I think your stuffed legally, only way to sort this is by negotiation / paying him to sort, we get these kind of issues regularly

 

[KnickeRS]

I'm sorry Steve but I cannot offer any advice on this save to say that whilst you have the easement, enforcing anything could and likely will, take bloody ages. The law over things like this is so shit in this country.

Maybe Attiq's bit of kit is your answer. At worst it'll go off piste (hopefully), and create a soak away under your neighbours lawn

 

[neil-f]

Maybe Attiq's bit of kit is your answer. At worst it'll go off piste (hopefully), and create a soak away under your neighbours lawn

+1 y):

 

[Rosco]

Thanks for the comments guys. I think Qureshia's device might be a good idea if we cannot get anywhere with it. If he totally refuses to comply, then the next and only step is to apply for injunction, but I imagine they take a time!

The law is a bitch!

 

[Murray]

I think I would be minded to go the overboard route and reroute the drain within my boundary to the main sewer on the basis that this tosser should not benefit in the slightest.
And then I would probably concrete his drain shut while I was there.

On more sensible note though, cant solicitor serve notice making time of the essence or similar, if he has no grounds to object why do you need an injunction?

 

[Clive]

I think I would be minded to go the overboard route and reroute the drain within my boundary to the main sewer on the basis that this tosser should not benefit in the slightest.
And then I would probably concrete his drain shut while I was there.

On more sensible note though, cant solicitor serve notice making time of the essence or similar, if he has no grounds to object why do you need an injunction?

The law is no help whatsoever re ownership of water

I have homeowners trying to make us stop water running off land and from drains we own all the time and the law is simply that once water leaves your property its no longer your responsibility

the easement is the only legal hope - but you would need a solicitor's opinion on that to see what exactly it entitled you to do

Steve's best hope here is to offer to pay him to fix the issue or take measures to divert the water around his own property / soak away etc

 

[andrew]

the law is odd on this and seems very unfair

basically when water leaves your land its no longer your responsibility - you can drain your land and flood you neighbour and there is very little they can do about it

I think your stuffed legally, only way to sort this is by negotiation / paying him to sort, we get these kind of issues regularly

+1
we've got neighbours who've gained an extra two metres of lawn by filling-in a 200-year old drainage ditch
poor people down the road have had to create a very expensive soakaway under their driveway

 

[KnickeRS]

I think I would be minded to go the overboard route and reroute the drain within my boundary to the main sewer on the basis that this tosser should not benefit in the slightest.
And then I would probably concrete his drain shut while I was there.

Actually Steve, this sound like the most logical, least stress and ultimately expedited solution.

I'd go with this.

 

[Stuart J]

Can you not just put a drain outside to catch the water and take it elsewhere, if levels are an issue construct some sort of holding tank with a submersible pump activated by a float switch to move the water on.

If it comes up through the cellar floor put in a small sump with a pump activated by a float and pump it out from there

If pumping what's to stop you discharging it onto his property, prob not worth antagonising him any more by stooping to his level but would be fun seeing a hose spraying his house when it happens.

 

[Murray]

Can you not just put a drain outside to catch the water and take it elsewhere, if levels are an issue construct some sort of holding tank with a submersible pump activated by a float switch to move the water on.

If it comes up through the cellar floor put in a small sump with a pump activated by a float and pump it out from there

If pumping what's to stop you discharging it onto his property, prob not worth antagonising him any more by stooping to his level but would be fun seeing a hose spraying his house when it happens.

one like this...

 

[Rosco]

No possible solution of re-routing apart from going through our neighbours land. We are in the lowest point of the land around us and they are lower still, then their land drains away further down.

 

[The Postman]

Wait until they go on holiday..... Job done 👍

 

[Rosco]

Unfortunately the sad old fookers never go on holiday. They told us this when we first moved in and they have been true to their word.

There is also no way of routing it to our mains drain as we would have to replace the diameter and pumps for that as it pumps our sewage uphill and through other peoples land. It's not an option, it would cost a fortune and lots of legal things too. The drain we are talking about is a 9" pipe.

Worst case scenario, we shall route some water from the fields through a big hole we shall make in the boundary wall.

 

[The Postman]

How close is your land to his actual house?

 

[PeteS]

Steve
How about hitting him really hard with a shitty solicitors letter stating your going after him for damages due to the flooding of your property. Then get the solicitor to suggest that there is an alternative method which would be formal mediation. You can then sit in a room together and try and get it sorted.

Have seen a similar thing at our house with the neighbours. One planted a monster conifer which had grown through the drain and caused flooding to three properties. We were not flooded. It was only when I said that if our house flooded due to their inaction sorting the problem I would go after them, did they get it fixed. It was a group of three neighbours, two wanted it sorted but one refused to pay until I hot involved. It was total madness so can feel your pain only consolation is that we are now all ok and everyone is talking.

My biggest concern would be long term imitations if something else happens. Can you not build a soak away and an overflow holding tank so at least it's in your control long term.

Bloody ridiculous behaviour on the part of your neighbour.

 

[Stuart J]

Any good local small civil engineers you could have a chat with, they may professionally have some ideas of a drainage / holding system that may work . If you can't think of anyone a chat with the local council or planning office may know of someone locally