SHARED DRAINS BLOCKAGE
- Thread starter Oldgirl21
- Start date
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Does the drain in question connect to the Public Sewer, and do you pay sewerage charges to the Water Company?
Yes but the land it crosses is private not lateral because the grantor of the easement has a different drain. If we were connected to that drain it would be lateral.
I work for a Water Company, believe me, it doesn't matter. Once the said sewer leaves your Property, it becomes the responsibility of the Water Company. The whole point of the change in the Legislation in 2011 was to remove the uncertainty around ownership and responsibility for Sewers.
Secondly, we refer to a 'Lateral' as a pipe coming from a Property to join onto an existing run. which tends to be known as the 'Main'. It'll probably be on the deeds for the property of the Third Party that they must allow the easement for the Sewer crossing their land, and allow access for anyone wishing to carry out maintenance, cleaning or unblocking of said Sewer.
They can refuse access if they want, but no Court in the Land will uphold that. I don't know how to make the situation any clearer!
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Yes we have a legal easement over the land with rights of access nobody is stopping us from going onto the land but the water company say it's a private matter and we have to get our own drain jetter
Who at the water company has actually told you that? The person who came out to survey, or someone on the phone line?
This following diagram is from Ofwat. It shows that as soon as your neighbour's drain joins yours (or vice versa), it becomes a public sewer (coloured red). It doesn't matter that it then passes over somebody else's land. Do they understand that the drains have already joined? There are a few very rare exceptions to all these rules, but the water company should explain if you are within one of those exceptions. Because the standard legal position is that they are responsible. Many people are in exactly the same situation as you and their sewers are covered by the water company.
I think the most obvious answer is that the water company just don't realise that the drains have joined.
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They are ducking their responsibility, (probably trying to save money.)
Has anyone been out from Northumbria water to site to look at the job, or are they basing their advice on what you've told them?
The simple fact is, it is their responsibility.
Yes they came out this morning and told us it's not their responsibility, we've got someone coming out in the morning to jet the drain and if it blocks outside on the public highway the water company will have to sort it!!
Well, bottom line is now, it's up to you. Choices are, let your Contractor deal with it, and pay their bill. Or, cancel them and get back on to Northumbria Water and demand you speak to someone further up the chain. If that fails, speak up on their Social Media channels. They wont like that!
As far as I can see, all drains become the responsibility of the Water Co when they are shared between two or more different properties.
That is totally without any relevance to who owns the land they pass over.
Of course we all know that many organisations like to try to minimise their responsibilities. That can be hard to overcome without unlimited financial resources to persue them legally.
That is totally without any relevance to who owns the land they pass over.
Of course we all know that many organisations like to try to minimise their responsibilities. That can be hard to overcome without unlimited financial resources to persue them legally.
So, I've done a mystery shopper exercise with Northumbrian Water blockage team. I said I was ringing on behalf of my uncle and described this exact situation. As soon as I mentioned that the neighbour's drain joined my uncle's drain on my uncles land, the (very nice) man told me that meant it would normally become the water company's responsibility. I stressed that the blockage was actually under somebody else's garden and that my uncle's drain did not join that persons drain. I was told it didn't matter.
I was pleasantly surprised. They seemed to understand the law and all the terminology and the difference between private drains, lateral drains and sewers. They did not seem to be trying to dodge their obligations.
He said they have plans for most of the area showing the layout of customer's drains and whether they are private or the responsibility of Northumbrian Water. One explanation could be that the plan they have for the OP is simply wrong and it doesn't show the drains joining. Or this might be one of the rare exceptions where the water company does not actually take over responsibility. I would plump for the former.
I was pleasantly surprised. They seemed to understand the law and all the terminology and the difference between private drains, lateral drains and sewers. They did not seem to be trying to dodge their obligations.
He said they have plans for most of the area showing the layout of customer's drains and whether they are private or the responsibility of Northumbrian Water. One explanation could be that the plan they have for the OP is simply wrong and it doesn't show the drains joining. Or this might be one of the rare exceptions where the water company does not actually take over responsibility. I would plump for the former.
Thank you so much everyone for all the help, what a fantastic forum this is! We had the drain jetted this morning by a private company but it does seem that the plans were never updated when the houses were built so I'm unsure as to whether that's our own fault! For what it cost between us it wasnt worth waiting because we had sewer gas in our houses. We'll find out about the plans and the man we spoke to was also very nice just didn't think it was their responsibility when he attended. Thanks again!!
Thanks for updating. With a small shared cost, it is often simpler just to let sleeping dogs lie. I would probably have done the same! You can always revisit if any more substantial work is required at a later date. You certainly had me intrigued 
Contractors may well tell you it's your responsibility, they're hoping for repeat business! Plans are not your responsibility, but believe me, the plans are just a guide anyway. A lot of smaller sewers may not be recorded, and I know of some huge omissions on our system, one glaring example is the job I worked on at 16 when I first left school, we laid a 375mm diameter storm sewer in parallel with an existing, to double the capacity of the system, and none of it is mapped!
Just to throw a spanner in the works write/ e mail the WC with copy to CEO and tell them that you believe you have been misinformed about the sewers responsibility and what it has cost you to have it sorted and you are making a official complaint to OFWOT. It doesn't matter if you do or don't but it will certainly make them investigate further and make sure that what they have told you is gospel.
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