Who's responsible for private drain repairs?
 

Had a CCTV survey done on the drains that run under our house to check on their state. Turns out that one that comes across our lawn from next door has a crack & hole in it that's letting water seep under our wall - possibly one cause of the crack in our wall. :(

Despite the pipe being on our property, we don't connect to that pipe until 10 metres or more from the leak, so all the water in it in the cracked section is up-flow from us - only our neighbours (one house) use the affected section.

I'll try and find the legal responsibility from a solicitor, but I just wondered if anyone's had anything similar and knows whether repair costs are our neighbour's responsibility, split 50/50, or what?

Cheers,
Steve

Just had this and it will be the responsibility of your neighbours. The cost of repair of a private drain is shared by those that use it, so if it was below where you joined it then it would be 50/50.

Your neighbour will be covered by his buildings insurance, so he might want to appeal depending on cost.

Just be grateful only one person is involved, its taken 8 months to sort out our sewer with 4 houses paying and the damage being in a 5th oersons garden!

Up to the main sewer is private, ie yours, but a neighbours sewer is theirs up untill it connects with yours whereon it becomes a shared responsibility.

So it's down to them to sort it out, and you are clear to claim against them for any damage to your property.

Have a 'nice' word with them about it and I'm sure they will arrange for the necessary works to be undertaken...... if not sh1t on their doorstep and ask how they like it...........:thumb:

My slight concern would be as to why it runs under your house in the first place, usually sewers go round houses!

I assume though it will be fixed by lining the inside of it.

Sounds like it runs close to a wall rather than under one.........:wonder:

That's useful stuff guys - thanks very much. I know that the folk next door assume all costs are shared 50/50 as it's a shared system that goes to a septic tank (costs for cleaning that out are definitely 50/50).

I can see this has the potential to be a real PITA as the guy next door is a solicitor and will have ample time to research the minutae of the law, where I'll have to pay for that sort of info. Having said that, they're nice folks so we'll talk like adults and come to an agreement I'm sure - I'll probably offer to do the work whilst he pays for it - then i know it's done correctly!

Chris, the DCI's correct - the pipe runs from by their back door, past our wall to turn and run across under our lawn to the septic tank - slightly bizarre layout as it was one big house that was divided up 45 years ago.

Steve

If they dont want to play ball, and claim as its on your land so its your responsibility, tell them OK thats fine, you'll block it up to stop it leaking.

If your neighbour is a lawyer he should know the answer. I suppose it is possible that as it is house that has been split up the deeds might say something different about how the costs are to be shared. The Septic tank would be 50/50 if only 2 of you use it, unless you are going to log everytime you have a dump!

Your neighbour will be able to claim on his insurance although they will employ their own CCTV operator to find out what caused the break etc. They'll also use their own contractor who will charge the earth.

If you are going to do the work yourself the cost will be minimal for bits.

if the sewer was installed pre-october 1938, it could be the reponsibility of the local authority (as a private sewer). if not, then it's a private drain. i just had a project where this came in particularly handy and thames water have now accepted repsonsibility after arguing with us for about 12-14months

Thanks guys.

Richard - it's a 1950's drain (pitch fibre) so we can't get Thames to take responsibility I'm afraid - not that their record on pipe repairs is outstanding!

Steve

Ah if its pitch fibre you might as well replace the whole thing as it will be well on its way out by now!

Pitch fibre has proved to be a nightmare especially in clay soils.

That's what I was thinking Chris. Luckily the 10 metre run under our lawn has been replaced at some time with plastic. Sod's law shows up in that it's the run from the neighbours gully to this main pipe that's still PF - and leaking like a sieve.

We've got some PF on our side too - short runs - but that's all going to have to move if we get planning permission for an extension anyway.