Shared sewer - Connecting additional property

Musky65 · Post: # 20798Post **Musky65** Tue Jul 17, 2007 6:40 pm

Hi

I live in a cul de sac with 3 properties that all share a private sewer. A developer has bought one of the properties and is in the process of building a house on land behind the cul de sac. He has gained access to build site from our cul de sac, however the address and access to the new build will not be from our cul de sac. Planning have confirmed he intends to connect the new house sewers to the bungalow he owns and therefore join the private sewer that he owns one 3rd of. Both myself and the other neighbour are not happy about this and we have not been approached about it. What are legal rights ?

flowjoe · Post: # 20799Post **flowjoe** Tue Jul 17, 2007 7:59 pm

A big part of any planning consent is based on the disposal of storm and foul water.

If it has been passed then the original pipe sizes must conform with what planning require, all he has done is save a few quid on a new sewer connection.

Its no different then building a large extension or granny flat and connecting into the original system, look on the bright side your share of the responsiblilty for the system has reduced

Musky65 · Post: # 20800Post **Musky65** Tue Jul 17, 2007 8:43 pm

Thanks FlowJoe. Without going into too much detail this developer is taking the proverbial and it would have been nice to cause him some grief. The access to this site is well defined and is not via our cul de sac, however going the correct way would have cause all the mess and noise to be experienced by his family, not ours.

Tue Jul 17, 2007 9:29 pm

musky there are people dying of starvation in the world and your worried about this???
like joe says any problems now, and your liability is reduced from 33% to 25%
the time to object was at the planning stage,so you are up the creek now m8
LLL

Musky65 · Post: # 20812Post **Musky65** Tue Jul 17, 2007 9:46 pm

Hindsight is a wonderful thing.

Musky65 · Post: # 20814Post **Musky65** Tue Jul 17, 2007 9:57 pm

Also chaps, I asked a question regarding the legal situation here, it appears that the ownership of the sewer currently is shared between the 3 properties that make up the cul de sac ? Therefore there must be some legal implications regarding someone deciding they are going to break into the shared system and add additional houses without consultation?

Tue Jul 17, 2007 11:23 pm

i imagine this would have been addressed at the planning stage,i'm not sure but i think you only own the pipe on your property,this is more flowjoes area really
regards LLL

Stuarty · Post: # 20824Post **Stuarty** Wed Jul 18, 2007 12:03 am

The way i understand is whats within your boundry is your responsibilty, anything outside of it is up to the respective authority. As LLL said above, more flowjoes speciality

flowjoe · Post: # 20834Post **flowjoe** Wed Jul 18, 2007 7:31 pm

The system is the responsibility of the properties that use it, no matter who`s garden it is under, but you have no responsibility for the system upstream of your individual connection.

So for arguments sake property A is the sole owner of the first 20mtrs up to the connection from property B, the second 20mtrs are shared with property B up to the connection from property C, and the last 20mtrs are shared by properties A,B & C

So if he has purchased the property at the head of the system, and made his new connection prior to you and your fellow miffed neighbours connection, then it doesn`t affect you.

If the connection is downstream of your connection then possibly he should of asked you. BUT there is probably something in his planning approval that states he now has an equal share in responsibility.

Its not something that has come up before because they usually have to prove that the private line they are connecting into is sound for purpose, the only similar situation is when you have to cross someones land to make a connection and then they can ask for easement Â£Â£Â£Â£Â£Â£Â£Â£Â£

Musky65 · Post: # 20843Post **Musky65** Thu Jul 19, 2007 7:47 am

Thanks Flowjoe. The developer has not connected into the sewer yet as he will have to cross / dig up a public right of way that seperates his property in our cul de sac and the house he is building. He owns that section of the footpath the same as I own the section that runs behind my property. The proposed connection is down stream of me as I am at the head of the sewer before it heads off down to the public main sewer. Also as his new property is much lower than the cul de sac and the site is on clay and suffers from major drainage problems the planners inform me he plans to pump the foul and rain water.