(Rights to use a) Soak away (Ed.)

[Maryanne15]

Hi
I know this is an ongoing problem for so many.
4 years ago we bought a house and no where in plans or registration documents does it mention soakaway or easement. Shortly prior to us purchasing the sellers had put in an extension- all properly done and obviously the water from this roof was also directed to join with the main house down pipe which went, we discovered to a soak away on our neighbours property.
Our pipes are not leaking or compromised but it was decided that the soak away had collapsed after the 50-60 years of use and so our neighbours put in a new soak away using crates to allow for water from both our roofs. We offered to pay half the costs and they turned this down. Now they are saying they want to cut us off as they don’t want our water in their property.

I am happy to put in our own soak away if it will solve whatever problem they are having but as our property is higher than theirs our water will naturally still seep towards their garden and I really don’t want or need problems with the neighbours.

So firstly, can they cut us off from using the new soak away?
Who can advise us on the sustainability and success of having our own soakaway that won’t affect them?
With the very high water levels currently I can not stop natural seepage of water from our garden into theirs.

Thank you

 

[motorbiking]

They cannot cut you off.

You have likely acquired rights, the drainage is shared and just because they choose to pay for the upgrade does not change your rights. They have the additional problem that if they "cut you off" you will end up with the water flowing over their property.

I'm curious how you got planning without a separate soak away - was this a factor? did they ever object / comment on your planning application. Its possible your extension has damaged your rights.

 

[Maryanne15]

On the planning there is nothing mentioned about the roof water and drainage. I looked at the plans and spoke to the inspector. No they did not object to the planning.
They have issues which have nothing to do with the soak away (the patio and their extension is the same level so leaks) which “someone has to pay for!” There is nothing anywhere about a soak away let alone a shared soak away.

 

[Maryanne15]

We did not build the extension it was built by the previous owners.

 

[motorbiking]

I suspect the original house drained in to the sewer and at some point this has been terminated and replaced with a soak away. One reason may be the neighbour extending their own home perhaps?

 

[Notch7]

I am happy to put in our own soak away if it will solve whatever problem they are having but as our property is higher than theirs our water will naturally still seep towards their garden and I really don’t want or need problems with the neighbours.

So firstly, can they cut us off from using the new soak away?
Who can advise us on the sustainability and success of having our own soakaway that won’t affect them?
With the very high water levels currently I can not stop natural seepage of water from our garden into theirs.

it sounds like you will have to build your own soakaway

it needs to be 5m from any building and from memory 2.5 or 2m from a boundary, it also has to be at a lower level than the building.

you need a percolation test to check the ground is suitable

as for running towards the neighbours ground....how will they know? as long as your water is discharged to building regs within your curtilage I cant see an issue

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[motorbiking]

The issue is not really about how to build a soakaway. Though it’s not a complex or expensive thing.

Based on the OPs post. Cutting him off would leave his neighbour dealing with flood water. So it’s a bit silly.

 

[blup]

Hi
I know this is an ongoing problem for so many.
4 years ago we bought a house and no where in plans or registration documents does it mention soakaway or easement. Shortly prior to us purchasing the sellers had put in an extension- all properly done and obviously the water from this roof was also directed to join with the main house down pipe which went, we discovered to a soak away on our neighbours property.
Our pipes are not leaking or compromised but it was decided that the soak away had collapsed after the 50-60 years of use and so our neighbours put in a new soak away using crates to allow for water from both our roofs. We offered to pay half the costs and they turned this down. Now they are saying they want to cut us off as they don’t want our water in their property.

I am happy to put in our own soak away if it will solve whatever problem they are having but as our property is higher than theirs our water will naturally still seep towards their garden and I really don’t want or need problems with the neighbours.

So firstly, can they cut us off from using the new soak away?
Who can advise us on the sustainability and success of having our own soakaway that won’t affect them?
With the very high water levels currently I can not stop natural seepage of water from our garden into theirs.

Thank you

Build a new soakaway in your garden, and either sue your neighbours for the cost, or suck it up and save money by not going to the lawyers.

 

[Maryanne15]

Thank you so much motorbiking - this is the best information I have been offered. I am breathing again! My stress has been so high.

 

[ETAF]

if you do go for a new soakaway - just make sure they really do know what they are doing, we had a new one put in the front garden bout 8years ago now and they quoted and everything was fine - BUT the guys who installed did not know what they were doing and started breaking up the crates and filling with the stones - i had to stop them and talk to the company again and they had to dig it all out and start again, then they went bust and had to get someone else in to finish it all ..... unlikely to happen , BUT just an FYI

 

[Maryanne15]

Thank you everyone for your responses. Now to sort it all out!

 

[Notch7]

Thank you so much motorbiking - this is the best information I have been offered. I am breathing again! My stress has been so high.

Motorbiking is a lawyer, not perhaps in the area being discussed, but an expert on the law nevertheless

Just bear in mind the difference between what the law states and what is pragmatic in the face of reality.

I find it odd that your neighbours have suddenly decided they don’t want water discharging on your property. I don’t know what your relationship is like with them but they’ve given you an ultimatum, if you reject it you are then in a direct dispute and if they then decide to block your surface water drain, the gullies by your extension will overflow and run across your garden and I guess find their way next door….not ideal for either of you.

If doing your own soakaway is one of the options as a resolution, you probably need to find out what the price might be for a contractor to do it…..I’ve no idea but my guess would be between £2k - £3k but pro builders on here might say different. Bear in mind you don’t want to be doing it until dry weather, esp,if it would done with a digger.

 

[motorbiking]

Please don't take anything I said as legal advice.

If it was me, I would casually mention that I don't think they have a right to do that and may want to check with an expert. Leave it at that. From a practical point of view if they cut you off, its their land that gets flooded and if they try some sort of "cease and desist, flooding my land" bluff and bluster letter, you could simply build a soak away.

 

[Maryanne15]

I can not get a digger in my back garden and while I am prepared to put a soak away in (I really don’t need this aggravation and they were always friendly before) we are higher than them so our water will soak into their garden anyway. What she is not accepting is the water levels in the soil/clay are higher than normal. After 30 years she is now complaining her walk way is wet but I don’t have a tap to the sky. We have someone who has installed soakaways and is willing to manually dig.

 

[motorbiking]

Doesn't sound like it will make a difference if the natural fall of land means water runs to her property. Maybe she needs to dig the edge of her walkway and install a few French drains or some gravel edging.