Pipes on my neighbour's land

[S70JPS]

When renovating my property around 2008 I had my septic tank refurbished. It was discovered that the outflow pipe had been cut off at my neighbour’s boundary. I discussed this with him at the time and he had bought the plot, demolished the house on it and cut off all the pipes. I have since discovered that included my top water drains. He agreed that I could run my drains into a land drain on his property. I paid my ground workers to do this and all has been well since. Fast forward 12 years the new neighbour came round a couple of weeks ago and told me he was doing some work and my pipe was in the way and he may cap it off if I didn’t want to pay for it to be moved. We had an amicable discussion and he said he would keep me posted. During this time of lock down he has had all his staff on site doing work and I can see he has cast concreate over where my pipe was/is. I’m thinking he has done the right thing and re-routed my pipe but I’m not sure where I stand if he hasn’t. There was nothing in writing with my old neighbour who has subsequently died. I’m not sure how I stand if he has capped it off as I will soon be drowning in sewage. Any advice as to how I go about resolving this if it does turn out that way would be much appreciated.

[Greendubber]

Ask the staff working there??

[S70JPS]

They are absolutely not following the current rules. If I were to do that I would have to go round and go on site.

[S70JPS]

My neighbour is also playing master of ceremonies over all of them and is quite a difficult character. I understand he may have lived in a caravan at some stage.

[Greendubber]

S70JPS said:

They are absolutely not following the current rules. If I were to do that I would have to go round and go on site.

So do it and stand an appropriate distance away from them.

[S70JPS]

I think I would be told to fork off

[S70JPS]

what I'm really looking for is some advice about how I stand legally if has capped my pipe off

[carinaman]

It's a Land Law issue. You need someone that deals with Land Law and knows their onions.

Letting a Lawyer deal with it may also mean not having to deal directly with the neighbour.

[Greendubber]

S70JPS said:

what I'm really looking for is some advice about how I stand legally if has capped my pipe off

Avoid the expense/hassle by simply asking, surely?

[mr rusty]

Two suggestions

1) see if you have legal expenses insurance and use it. This really does need a legal intervention. They cannot just cut off an existing drain.
2) post on Gardenlaw forum where there are some experts in this sort of thing. I'd try the rights of way forum, because this is really a right of access and prescriptive rights issues. It's like if someones water supply crosses your property - you can't just cut them off.

[carinaman]

Ask your neighbour who may have formerly lived in a caravan whether they know anybody who rents Portable toilets?

[S70JPS]

I'm just hoping he has done the right thing and altered the pipe. I'm not sure who should pay for this? I would be happy to meet him half way.

[daytona355]

carinaman said:

Ask your neighbour who may have formerly lived in a caravan whether they know anybody who rents Portable toilets?

If the gent in question really did once live an outdoor lifestyle, I think popping around to press the point might see our hero neck deep in a slurry pit, and his house on fire hehehe

[carinaman]

S70JPS said:

I'm just hoping he has done the right thing and altered the pipe. I'm not sure who should pay for this? I would be happy to meet him half way.

There's case law about this. It's not the first time such a situation has happened. You need a Land Law Lawyer.