The Brew Cabin

Posted: **Tue Mar 29, 2005 7:41 pm**

I and a couple of neighbours own and use a concreted parking area. I suspect that a private rainwater sewer from a gully to the public sewer has collapsed. We had it jetted last year but now it has started flooding again during very heavy rain.

I would like to get it fixed, but I'm not sure my neighbours are so keen to spend money (although it *may* be covered by buildings insurance). Any thoughts on the best way to go about getting it fixed without falling out with my neighbours:
- I could try to persuade them that we should pay to get a combined jetting/camera survey done.
- I could contact my insurance company, hopefully they would arrange a survey and things could progress from there.
- Is my local council likely to be willing to use their powers to order the work done, or do they only bother to do this for foul drains?

I will probably want to sell my house within the next year, so I don't want to do anything that would make this more difficult.

Are there any arguments I can use to persuade them to get the work done without causing a dispute?

Thanks.

Posted: **Wed Mar 30, 2005 1:28 pm**

Best argument is probably "I'll pay for the lot". If you fall out with your neighbour you will have to declare it when you come to sell your house, and that may affect the sale price.

Check the excess on your insurance policy before contacting your insurers.

Posted: **Wed Mar 30, 2005 5:13 pm**

Hello -

Yes, I am considering paying for it myself. The problem with this is that the pipe is probably under 1.5 metes of soil and concrete, so I guess it will cost thousand(s) rather than hundreds of pounds. Also, I will probably have to disclose to potential buyers that I paid for it all myself, which won't help.

Thanks.

Posted: **Thu Mar 31, 2005 8:57 am**

I am an EHO working in Public Health which includes drainage complaints and deal with these issues on a daily basis, The legal responsibility for private drains is shared with the people that use the defective length of pipe as you say.

The LA do have powers and should use those powers to resolve a situation of this nature. It is the farest way of ensuring that everyone pays their proportion of the costs incurred. And if a notice is served and works done in default of a notice, then the onus is on the Council to retrive the costs not an individual, and the Council have further powers to ensure these costs are recovered fully.

Posted: **Thu Apr 07, 2005 6:30 pm**

Thanks for the reply. I'm interested in how likely a local authority is to get involved in a flooding issue like this involving rainwater on shared private property (although it occasionally reaches a public footpath). If I bring it to their attention is it almost certain that they will require it to be fixed, or might they say something like "we don't have time to get involved, you and your neighbours must agree amongst yourselves", in which case I will be in an awkward position.

Thanks

The Brew Cabin

Drainage problem in shared driveway - What to do?