Blocked drain on someone else's property, who's liable

[wack61]

I live in a cul-de-sac every now and again the drains get blocked, it only seems to affect us and the house next door, the manhole cover is in the garden of another neighbour who must be on a different drain as he doesn't have a problem

Last time was 3 years ago, then this week it's blocked again, I get the company out to clear it but the manhole is a very heavy stone slab under a fence and is difficult to get out, after he's cleared it he attempts to get it back in but it won't sit straight, it's getting dark so he does the best he can.

then the neighbour has a go at him saying "it's not my problem", "my drains are Ok if they can't get it in right I won't let them in again", after some persuasion the drain guy has another go and gets it in but I can tell my neighbour isn't happy.

so who's responsibility is it, the drain guy said he shouldn't even have touched it as the insurance only pays for blocked drains on my property but the blockage is much further down the pipe not on my property :shrug:

 

[nikonuser]

As an ex Environmental Health Officer we use to get lots of complaint regarding blocked drains.
Firstly, you should try and identify who drains into the system (if you don't know already) by using drain dye and testing all the houses around and about individually - you will need different coloured drain dye (of course) or leave a few days between each test.
If the houses were built before (I think) the 1930's then it may be classed as a public sewer and the responsibility of the Local Council....if it is more recent then the drain will be classed as a private sewer and all the houses which drain into it will be responsible and any charges to remove the blockage and/or repair it should be divided between those being served by it.....sometimes this is not a straightforward split because those at the top of the drainage system may have to pay more and it all depends where the blockage occurred.
If you are having any problems with the neighbours maybe the best thing to do is the next time it blocks up call in Environmental Health, they will investigate your complaint and serve notice on all those parties responsible to remove the blockage within 24 hours If this is not done they will do the work in default and recharge the costs accordingly....Public Health Acts 1936 and 1961
Dave

 

[wack61]

Thanks for that detailed reply Dave, much appreciated, the houses were built in the late 1980s so it'll be a private sewer, it's just annoying it doesn't affect his drain even though it's in his garden, the metrorod guy said it may be tree roots blocking it as he could feel it resisting before it cleared, he suggested a camera but if it's to be split between a few houses i'm not paying until we've found out who else is liable as the bill could be expensive .

 

[nikonuser]

Hi Darren - yes, definitely a private sewer if built in the 80's.
Drainage problems are always difficult when it passes through someone elses land who is not directly affected and cctv can be expensive.
Find out if your Councils Env. Health or Technical Services Depts have a camera and would be willing to check it out for you.
Sometimes with tree roots they will bring part of the root back with the drain rod so no need for confirm problem with cctv.
I'm sure the guys whose land it passes through will have some responsibility for allowing access for repair/maintenance.....but if he's a funny b***** then that's when it could start to get legal.
Hope this helps
Dave

 

[Steep]

Pretty sure the neighbour will have something in his deeds that says he must give reasonable access to the drain cover but it's always best to keep the neighbours sweet if you can. Maybe buy them something (flowers or chocolates kinda) to say thanks?

 

[wack61]

I agree with keeping him sweet, i'll be taking a bottle of wine round at the weekend, I just wanted to know my options if it all goes pear shaped, I didn't think he'd be able to refuse access and it'd be a health risk if it was left blocked

 

[maddog.mark]

As a current Environmental Health Officer I can only agree with the advice Dave has given you. If there are issues with blockages down stream from your property it would be wise to speak to your local council as these things can start to recur more regularly, especially if there is damage to the system.

It won't be much longer before all private sewers become the responsibility of the local water company, I'll say nothing about the increase in the bill we'll all be getting as a result!

Mark

 

[stupar]

Although english law is slightly different to scots law for property I think the concept will be the same in the respect that if he has a manhole cover and drainage pipes running through his property then he will be burdened by a right of wayleave for repair, replacement and maintanence of the said utilities. (you can tell I work for the Land Register!)
As said above this will be narrated in his title deeds for his property.
I wouldn't worry about it to much, what you have done is above board and within the law but keeping them sweet is a good idea for future occurancies.