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The Water Industry (Schemes for Adoption of Private Sewers) 2011 is now in force.
This relates to a private road with around 30 houses. Each property has drains running into a sewer down the centre of the road, leading to the mains sewerage system.
The road is owned by a management company, and in theory each property-owner is a shareholder, however due to poor initial legal drafting there is no obligation on owners to join, or to pay towards maintenance etc. Most owners DO contribute an annual fee, voluntarily, but a few refuse.
The issue now is that the drains need costly repair. The water company has stated that:
"the main sewer in XXX Road is classed as private, as the road forms a single curtilage, or legal boundary. This is normally outlined in the Deeds to your property and they may offer more information. You may find it useful to know that this type of situation is not uncommon for private roads."
We are hoping there may be some grounds to challenge the definition of the 'curtilage', particularly as 3 houses were built later than the rest and their Deeds have no mention of the management company. If they do not part-own the road, then their 'curtilage' must end with their property boundary (and thus the water company take over responsibility from there).
The private sewers transfer regulations guide helps but itself states that there is no legal definition of 'curtilage'.
https://www.gov.uk/government/publications/the-private-sewers-transfer-regulations
Unfortunately the Ofwat website says:
"The appeal process has now closed and we are no longer able to accept any further appeals relating to the transfer of private sewers, lateral drains or pumping stations."
http://www.ofwat.gov.uk/publications/transfer-of-private-sewers/
Any advice/information welcomed:
* regarding definition of 'curtilage' or other information relevant to the extent of water company's responsibility
* how best to identify a suitable expert to advise on contesting the water company's decision
* whether it's even worth spending limited money on an expert's help (or how to get an initial view on likelihood of success)
This relates to a private road with around 30 houses. Each property has drains running into a sewer down the centre of the road, leading to the mains sewerage system.
The road is owned by a management company, and in theory each property-owner is a shareholder, however due to poor initial legal drafting there is no obligation on owners to join, or to pay towards maintenance etc. Most owners DO contribute an annual fee, voluntarily, but a few refuse.
The issue now is that the drains need costly repair. The water company has stated that:
"the main sewer in XXX Road is classed as private, as the road forms a single curtilage, or legal boundary. This is normally outlined in the Deeds to your property and they may offer more information. You may find it useful to know that this type of situation is not uncommon for private roads."
We are hoping there may be some grounds to challenge the definition of the 'curtilage', particularly as 3 houses were built later than the rest and their Deeds have no mention of the management company. If they do not part-own the road, then their 'curtilage' must end with their property boundary (and thus the water company take over responsibility from there).
The private sewers transfer regulations guide helps but itself states that there is no legal definition of 'curtilage'.
https://www.gov.uk/government/publications/the-private-sewers-transfer-regulations
Unfortunately the Ofwat website says:
"The appeal process has now closed and we are no longer able to accept any further appeals relating to the transfer of private sewers, lateral drains or pumping stations."
http://www.ofwat.gov.uk/publications/transfer-of-private-sewers/
Any advice/information welcomed:
* regarding definition of 'curtilage' or other information relevant to the extent of water company's responsibility
* how best to identify a suitable expert to advise on contesting the water company's decision
* whether it's even worth spending limited money on an expert's help (or how to get an initial view on likelihood of success)