blocked drains, who should pay, who is responsible?
Discussion
Here's the scenario...
Next door neighbor comes around to ask if we are having problems with the soil drain as his is gurgling in the downstairs toilet. Ours is OK so we go onto my front lawn and lift the drain cover. its to the top with, well you know what...
He has a set of rods so we get togged up (its snowing like mad, 9:00, dark and VERY cold) and start to rod the drain. No luck and its now starting to rise in the sewer, almost overflowing. I go to the houses that we think feed into the sewer and ask them to stop flushing the loo, emptying the sink etc. We get back to roding, but are not having much luck. Quite a few neighbors out now, offering help, and all concerned.
We decide professional help is required and I call the council hot-line. Thirty minutes later council guy arrives in his van to be met by about 10 of us in the street! he winds the window down and asks if its safe to get out!
He gets out his big rods and starts roding...ooohhh eer! no luck. He says its further down the street and walks off to find another cover, which he finds and lifts the cover off.. this one is clear. he therefore deduces that the blockage is between the pit in my lawn and the clear drain, but as its quite a run, he says there should be another cover... Everyone starts to look around... I went inside as I remember seeing a drain plan on some documents when we bought the house.
I show the plan to the council guy, who points out that there is another cover, on the garden of the neighbor on the corner house, the sewer run dog legs onto his property. we wonder over but there is no cover... just a BIG clump of bushes. I knock on this neighbors door and ask if there is a drain cover in the bushes to which he replies there may be... and whats the problem, which I explain... he says we can have a look, but don't damage his bushes... and he was going to bed so keep the noise down...Miserable old git!
Council guy, me and a couple of neighbors crawl under the bushes and find a drain cover... Its overflowing, the smell is overwhelming. A couple of times I wretch!! We drag the cover off and the Council guy dons a pair of long gloves and puts his hand in.... he drags out a long pile of roots and soon as he moves them, the level goes down quickly! he clears the roots away as best he can, given he is on his belly with us holding torches. Problem solved for now.
Its now 11:30, we are all freezing, smelly, and tired. I agree to pay the council man who to be fair arrived quickly and really got stuck in... the bill was £150 which i thought VERY reasonable. All the neighbors agreed to chip in and someone worked out that if everyone paid, including the neighbor with the bushes where the roots had blocked the sewer, we would pay £12 each. We then said £15 each and I gave the council guy a good tip.
Council guy thanks us and as a parting shot says he will be back again soon unless we do something about the bushes around the sewer. he says they really should not be there as the roots are drawn to the water and will block it again soon.
Next day I go to see the neighbor with the bushes and explain the situation. First thing he says is it nothing to do with him as his soil does not run into that sewer. then he refuses to pay the £15, and when I ask that the bushes are removed to prevent it happening again, he refuses saying he does not want a drain cover "on show" on his garden! He is an old bloke, in his 70's so I tried to be tactful and even offered to remove the bushes for him... and to forget the £15... he refused and said he wants nothing more to do with it and the bushes were staying. he has lived in the house from new and planted the bushes around 25 years ago.
So, what do we do from here?
Next door neighbor comes around to ask if we are having problems with the soil drain as his is gurgling in the downstairs toilet. Ours is OK so we go onto my front lawn and lift the drain cover. its to the top with, well you know what...
He has a set of rods so we get togged up (its snowing like mad, 9:00, dark and VERY cold) and start to rod the drain. No luck and its now starting to rise in the sewer, almost overflowing. I go to the houses that we think feed into the sewer and ask them to stop flushing the loo, emptying the sink etc. We get back to roding, but are not having much luck. Quite a few neighbors out now, offering help, and all concerned.
We decide professional help is required and I call the council hot-line. Thirty minutes later council guy arrives in his van to be met by about 10 of us in the street! he winds the window down and asks if its safe to get out!
He gets out his big rods and starts roding...ooohhh eer! no luck. He says its further down the street and walks off to find another cover, which he finds and lifts the cover off.. this one is clear. he therefore deduces that the blockage is between the pit in my lawn and the clear drain, but as its quite a run, he says there should be another cover... Everyone starts to look around... I went inside as I remember seeing a drain plan on some documents when we bought the house.
I show the plan to the council guy, who points out that there is another cover, on the garden of the neighbor on the corner house, the sewer run dog legs onto his property. we wonder over but there is no cover... just a BIG clump of bushes. I knock on this neighbors door and ask if there is a drain cover in the bushes to which he replies there may be... and whats the problem, which I explain... he says we can have a look, but don't damage his bushes... and he was going to bed so keep the noise down...Miserable old git!
Council guy, me and a couple of neighbors crawl under the bushes and find a drain cover... Its overflowing, the smell is overwhelming. A couple of times I wretch!! We drag the cover off and the Council guy dons a pair of long gloves and puts his hand in.... he drags out a long pile of roots and soon as he moves them, the level goes down quickly! he clears the roots away as best he can, given he is on his belly with us holding torches. Problem solved for now.
Its now 11:30, we are all freezing, smelly, and tired. I agree to pay the council man who to be fair arrived quickly and really got stuck in... the bill was £150 which i thought VERY reasonable. All the neighbors agreed to chip in and someone worked out that if everyone paid, including the neighbor with the bushes where the roots had blocked the sewer, we would pay £12 each. We then said £15 each and I gave the council guy a good tip.
Council guy thanks us and as a parting shot says he will be back again soon unless we do something about the bushes around the sewer. he says they really should not be there as the roots are drawn to the water and will block it again soon.
Next day I go to see the neighbor with the bushes and explain the situation. First thing he says is it nothing to do with him as his soil does not run into that sewer. then he refuses to pay the £15, and when I ask that the bushes are removed to prevent it happening again, he refuses saying he does not want a drain cover "on show" on his garden! He is an old bloke, in his 70's so I tried to be tactful and even offered to remove the bushes for him... and to forget the £15... he refused and said he wants nothing more to do with it and the bushes were staying. he has lived in the house from new and planted the bushes around 25 years ago.
So, what do we do from here?
Edited by buzzer on Sunday 5th December 13:35
rash_decision said:
buzzer said:
Tanguero said:
Glyphosate...
ETA - It was probably the muck from the drain that killed the bushes, wasn't it?
You know, I was thinking exactly that... but he will only go and plant more bushes...ETA - It was probably the muck from the drain that killed the bushes, wasn't it?
Edited by Tanguero on Sunday 5th December 13:39
t to put a potted plant on the drain cover. Fecking useless idiot!!Wings said:
Why one should never plant trees, bushes etc. near water, sewage pipes etc., the neighbour who did that is responsible for the bill in clearing the blockage.
Its not that simple though. Roots can spread over quite large distances, modern housing is close together, so its almost a case of not planting trees or shrubs at all, but thats pretty boring.Fort Jefferson said:
Martin Keene said:
Normally for shared sewers all houses that used the sewer and are having problems have to pay for the repair.
I always thought, if the blockage was on your land, it's you who has to pay.Assuming that it's a private sewer, as opposed to a public sewer (and that's not always easy to find out).
All the homes using a private sewer are jointly and severally liable for the maintenance of the pipe run and its protection from damage.
If the pipes let roots in, then the owner of the tree is not necessarily responsible. This is because the roots will normally only find their way into a pipe run if it has been leaking. Which is quite common for old pipe runs. It only needs a small leak for roots to follow the source of water.
Once roots find their way in, that is indicative of a leak and it will happen again. The pipes need fixing, and the roots need removing. It would be usual for the owners of the pipe run to have legal access for the maintenance and repair of the sewer.
If it's a public sewer the water company have to fix it.
All the homes using a private sewer are jointly and severally liable for the maintenance of the pipe run and its protection from damage.
If the pipes let roots in, then the owner of the tree is not necessarily responsible. This is because the roots will normally only find their way into a pipe run if it has been leaking. Which is quite common for old pipe runs. It only needs a small leak for roots to follow the source of water.
Once roots find their way in, that is indicative of a leak and it will happen again. The pipes need fixing, and the roots need removing. It would be usual for the owners of the pipe run to have legal access for the maintenance and repair of the sewer.
If it's a public sewer the water company have to fix it.
Paul Drawmer said:
Assuming that it's a private sewer, as opposed to a public sewer (and that's not always easy to find out).
All the homes using a private sewer are jointly and severally liable for the maintenance of the pipe run and its protection from damage.
Actually, it depends on whether there is an easement and what the easement says. Titles often show who is responsible. If all the titles are silent on the matter, then yes it would probably be a joint responsibility but even that can vary as some people may use it more, eg a 5 bed house with a 5 person family compared to a 2 bed bungalow with one occupant.All the homes using a private sewer are jointly and severally liable for the maintenance of the pipe run and its protection from damage.
blueg33 is correct. You will have to read your title deed to see what that says about your rights and the sewer. However to get a copy, if either you or any of your neighbours don't have one, you will have to go to the solicitor who acquired the house for you or your building society. The BS will usually charge you for a copy.
However first contact the water authority and tell them their sewer is blocked and what are they going to do about. We have a similar arrangement and the sewer is adopted.
I can't imagine that the bush owner doesn't also use the sewer.
However first contact the water authority and tell them their sewer is blocked and what are they going to do about. We have a similar arrangement and the sewer is adopted.
I can't imagine that the bush owner doesn't also use the sewer.
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