Has He The Right

[Stewart]

A client has approched us asking if he has the right to connect to a exsisting foul drain that is on a plot of land that he is going to build on.

This line is connect to the exsisting foul drains in road, via 2 manholes the second of the 2 is taken foul from 4 other propeties onto a 6in line, then onto the mains in the road the first manhole takes only one property then upstream to the plot of land.

The owener of manhole No1 say's he can not connect to it, as he has capped it off, the owner of the plot bought the land with this line already presently connect to the mains.

Does he have the right to connect.?

[84-1093879891]

It depends on whether the MH to which you wish to connect is a public sewer or a private drain. Just because it is on private land does not automatically mean it is a private drain, as the Local Authority, as agents for the water companies, often/usually 'adopt' the sewer to the first MH outside public land (sometimes known as the Dragout MH).

So, you should check with your LA Tech Services department to clarify who owns what. It may be that the second MH, the one with 4 inputs, is a public sewer and can be used as an access poiint to the main sewer, while the first MH you mention, the one that has been capped (allegedly), could well be a private MH and therefore the owner has the right to refuse access if he so chooses.

Your LA will have the answer. :)

[Stewart]

The second manhole is a public sewer, the thing is that the 2 plots of land where sold for devolopment...and the foul servies where already in place and connected to the puplic sewer, that is MH No2.

The first plot was sold and built on , it has since changed hands, and the present owner is not letting my client put a MH on his own plot and connect to an already exsisting line that runs from his own plot of land, and was put there in the first place to serve as a foul drainage connection to the public sewer, it is not a matter of running a new line to the MH on his land the line is already in place and connected to his MH...I've approched LA put they do not want to get involved.

I'm at a loss with this one...I say he should just go a head with it...then if he has capped it of get the enviromental health involved they seem to have more power.

[danensis]

If he has capped his end of the pipe, then start using your sewer. Once the effluent has backed up sufficiently, its his problem to get rid of it!

[84-1093879891]

It sounds as though you'll have to get the <spit>lawyers involved. If the plots were sold as having existing drainage connections, then I doubt that Mr Awkward next door has a legitimate case, but it all depends on what is stated on the deeds and the contracts when the plots were parcelled up and sold. Does your client have the relevant documents or are they with the mortgage provider?

If the LA don't want to get involved, this could be because it is a private sewer and therefore none of their business, or perhaps it was Friday afternoon when you asked them, and, as we all know, you get no sense out of the 'Council' on a Friday afternoon! ;)

[Stewart]

I,ve dug up the exsiting line on my clients plot, and done a cctv survey of the run to MH 2, it was capped, this is all on vhs tape, I've managed to uncap it and, surveyed the full run with no problems, contacted the person who owened the 2 plots, and on the sale it says that the water and foul drains where already in place, and planing permission, was granted from the LA planing Dept, I've told him to seek legal council..Told Mr Awkward, we will see him in court....This will be a long drawn out case this...turns out Mr Awkward.has friends in local council...

thanks a lot for your intrest and advice great site..look forward to more case files from me.

(Edited by Stewart at 10:12 pm on Sep. 16, 2003)

[danensis]

Isn't the legal position that once two private drains join they become a public sewer? Certainly this applies to sewers serving more than one property constructed prior to 1936, but I'm not sure about new build.

(Edited by danensis at 9:01 am on Sep. 17, 2003)

[Stewart]

Quote: from danensis on 8:58 am on Sep. 17, 2003
Isn't the legal position that once two private drains join they become a public sewer? Certainly this applies to sewers serving more than one property constructed prior to 1936, but I'm not sure about new build.

My point is that!!...what you are saying, it was already in place, so it is a public sewer..and not a private sewer..but we will wait and see the out come, Ive now built a MH over the exsisting run, and dye tested it into the road, and there is no problems....with flows.

(Edited by danensis at 9:01 am on Sep. 17, 2003)

(Edited by Stewart at 12:17 am on Sep. 23, 2003)

[Stewart]

HaHa....Hi tony:)

Well we won his case...

Quote:- Under Section 106 (right to communicate
with public sewer) of the Water Industry Act
1991 the owner or occupier of a building has a
right to connect to a public sewer subject to
the following restrictions.

a) Where the public sewer is designated as
either a foul sewer or a surface water sewer,
the right is limited to connection of foul drains
or surface water drains as appropriate.

b) The manner of the connection would not
be prejudicial to the public sewer system.

So it's all go..Hehe..we already done it before the out come of the court case...:)

Got another for you...