In need of assistance
if my property has been using a soakaway since 1939 do i have the right to keep using it. what if a house is built next to it within 2 meters. if the builder found my soakaway before completing the house destroyed the soakaway and tried to hid the fact, is there any regulations to explain what should have happened. Should planning permission have been granted? should the builder have stopped the build and informed the council and myself. We now have no drainage and winter is on its way. The soakawaywas over 1m sq and 1.5 deep it is quite a large house but in 1990 it had a very large garage added and this also uses the soakaway. The soil is not all clay but the base was down to limestone bedrock
saw your post earlier elsewhere in the forum. You should still have rights over use of soakaway, as you have had use of it previously for a period of over 7 years, which I believe to be the 'rights of use' date as far as ther law is concerned. You still have not clarified whose land its on and how what was your garden is now part of another property. We cannot advise on part information. I have already advised you to check at the council offices regarding the necessary planning and the land registry reference boundaries. I now further advise you to seek legal advice from a specialist law firm that deals with boundary disputes, they are not cheap, but you should claim costs against the builder/ council, depending on whose is the ultimate responsibility. Your soakaway use is a right, and by depriving you of that right someone is liable, both for the rebuild and any damage caused by the flooding caused by the denial of use. Did the builder own the property, or was he acting on behalf of someone else? Pse clarify, and we will endeavour to assist, but you really do need to seek legal advice.
general builder, maintenance engineer, gas and plumbing installations, extensions etc
Many thanks so far
my house was owned by family "A" they gave half the land to their son. Then the son bought the land to the rear making a "L" shaped garden for them. The fence to the rear of my house was the last to be put up, we bought the house at the same time the son sold his house and land to a builder. We realised the fence to the east passed the rear fence by six feet so I went to land Reg aquired the measurement and our garden was short 5.5 feet so I started to dig post holes. The builder was not impressed and filled in the holes. We got a solicitor and a surveyor he agreed with my findings. By now the builder was put in the footings still they would not take any notice of our concerns and they cut down the protruding 6 feet of fence (on the deeds we are responsible for east fence) They completed one house and had the land surveyed he agreed the land was shortbut only by 1 foot. The building carried on the soakaway was found when they were putting in the drains they took off the cap and smashed it then covered it up with board, but as they had also damaged the east fence by now no post was holding the corner together I went to fix it found the damaged soakaway. As we now had a boundary dispute the builder had papers served on us as he could not sell the houses, they are asking for damages of £50,000.00,so we are going to court, the judge set various conditions one was the two surveyors must agree where the boundary should be. They have and it is 1.61 meters short, the soakaway was mainly in this 1.61meters
At the moment we are going to mediation.
But will this house be able to be sold with the soakaway so close (2 meters) this must be against building regs
The council have today got back to me and said "we have no plans on soakaways so this is a civil matter and not our fault"
But they gave planning permission and have not been informed about the soakaway being found and filled in.
Is it me or can builders getway with doing whatever just for profit
yours
no, the builder is at fault here, and you will now have to fight it out. get yourself a decent brief.how can he be claiming damages against you when he is at fault? Counter sue. Civil court action for damage to property as result of loss of drainage, damage to fencing, misappropriation of land...etc. dont get angry, get even
general builder, maintenance engineer, gas and plumbing installations, extensions etc
1.61m is a lot for anyone to be out,he deserves what hes got coming by all accounts,we always check with neighbours about boundaries before starting work,its the safest way
thing is moggy all this is going to cost you in money ,time (very important) and stress.try and get it settled out of court
cheers LLL
Many thanks
I will let you know how we get on at mediation (next Friday). It is a lot of land 1.61 meters x 58 foot. The builder is one of the big boys but I hate bullies and if I can make them think twice adout pushing people around then its worth it. So far it has cost approx £12,000.00 if we loose it could be well unthinkable.
But can the house be sold with the soakaway so close?
Building regs min 5 meters, and if you need to dig another this must be 20 meters away from original position, we dont have that kind of room.
up date
we lost at mediation, we could not afford to let it go to court. The land was proved to be ours and although the soakaway was on the disputed land and had been used since 1937/9 they forced the 12 year rule. we had tried to prove the position of the soak away defeted the rule and came under curtlidge. But money is very powerful our lack and their abundance. We have had to pay them £18,000 (a lot less than £135,000) they agreed to reinstate soak away and give us easment. So far so good they had 28 days to comply we had 58 days, they gave us a choice of four experts we chose one and that is the last contact we had, but with the letter to the expert they asked if it could be moved is it needed if so what size and a few other coments. As we had to pay we paid on the 57th day. So we have paid £18,000 and with the heavy rain we are having I find the builders actions disgraceful, to stop flooding i have placed a pipe in the inspection hatch and lead it to the front of the house this has helped. Oh i forgot the solicitors costs upto now (we had one for £878.00 last week) 12,000 the £878 is costs after the judgement.
If anyone is reading this please think! twice abuut taking action. I was right but the Law and money won we live in Doncaster and if you have seen the news on the floods you can see drainage is a problem, one i think i will always have. We must have hurt the builder as we held up the sale of the two houses for over a year their solicitors costs were £28,000 the houses were worth £900,000 and now the market has slowed and recession has kicked in, maybe it will hurt them a lot one can only hope
Thanks for reading
Moggy
SORRY TO SEE you LOST AT MEDIATION, BUT AT LEAST YOU DIDNT HAVE TO PAY WHAT THEY WERE CLAIMING. Now that the matter has been settled in mediation, there is nothing stopping you writing a little story for the press now is there? hAVE THEY BUILT THE NEW SOAKAWAY YET, IF NOT WHY NOT
general builder, maintenance engineer, gas and plumbing installations, extensions etc
