shared drainage liability

[100-1093880214]

I live at the top end of a six house shared drainage system. The household at the bottom of the system has lately been having blockage problems. It has now come to light following a full camera survey of the complete system that the main collapse of the pitch fibre system is on his property underneath his extension. The survey suggests that my section and my neighbours section is suitable for re-lining but the rest of the remaining pipes should be replaced. However the estimate also includes diverting the new pipe around the extension that has caused the main problem and constructing a new man-hole etc.

What I would like advice on is how much should I legally be liable for? and can you explain the mystical standard formula? that is always talked about on shared systems but I can find no examples of the formula anywhere. The estimate is one price for the complete system and is not detailed. The company say that an equal 6 way split of the amount is the best way as if the standard formula was to be used I would be paying the largest amount by far. It seems unfair that I am paying for a problem caused initially by a builders mistake on an extension and then paying again to correct it and not even on my land etc.

(Edited by drivealot at 5:29 pm on Jan. 9, 2004)

[84-1093879891]

I'm not familiar with any 'standard formula'. In my experience, the costs and liabilities on a shared system are shared equally by all properties connected to the system, unless there is some covenant or legal deal that authorises some other allocation of responsibility.

I could be wrong, as my area of expertise is serwer construction, rather than the legal side, but, as I said, as far as I'm aware, there is no 'standard formula'. I know that all the sharde systems on whch we've carried out repair or remedial work, the cost has been borne equally by all parties unless it could be shown that a specific act by one party was responsible for the problem.

I would suggest you have a word with your Building Society or Mortgage Company, as their legal department will know if there is anything in the deeds to your property that could be used as a 'get out'.

[100-1093880214]

Thanks for your speedy reply. I will investigate some more. I am also now contacting my buildings insurance to se if I have a claim as my drain is actually satisfactory and requires very little work compared to others on the line so I am being forcded into a payment that is not in my control and could be a risk under public liability.

[danensis]

Check to see if you have legal advice on any of your insurance policies - contents, buildings or even through your trade union. Most of these want to be informed within six months of a dispute arising (and many of them excluded building works, which is when most of us want legal advice!).