Soak-away on neighbours property - easements?

[GinSoakedBoy]

Trying to preempt a problem of a blocked soak away as we have been experiencing issues with our septic tank. Which emptying and cleaning hasn't resolved.

From what I can ascertain our soak away, crosses under the track to our neighbours farm, and then potentially under a boundary wall and into a neighbours field.

I have downloaded the title register from the Land Registry and there are no formal easements listed. We have lived here for 13 year and the property has been here since 1967, so there could be an implied easement due to period of use.

I have also checked the old paperwork we had when we bought the place but nothing is documented.

I have 2 questions if anyone would be so kind.

Would plans for the soak away be formally documented or available through a different Gov department?

If there isn't anything documented, what rights do I have to access the neighbours land to carry out the maintenance?

Obviously going to approach my neighbours after the Christmas period and have a chat about it and see what can be agreed, but I know one of them can be a bit awkward about this sort of thing so want to be better informed before we have the chat.

Thanks in advance for the advice

James

 

[Wayners]

Have you reached out to building control?
That's where I'd go first. Used to be able to phone them but they switched to email or letter now.
Then see what the neighbours say and go from there..

 

[^woody^]

You mention a septic tank problem which implies foul water, and a soakaway which would be rain water. You cant put foul water into a soakaway, and would not normally put rainwater into a septic tank.

What's the actual problem and what's the relevance of a septic tank issue affecting a soakaway on other's land?

Anyway, soakaways would not be documented elsewhere unless it's a very recent build where building control and planning were involved.

Sometimes, local councils can help with drainage via their environmental health powers, but they can't get involved unless the drainage is a prejudicial to health issue.

 

[GinSoakedBoy]

Wayners - thanks for the suggestion will try and contact them next week and see what information I can get.

Woody - This isn't my area of expertise, but I had assumed that the septic tank had a soak away / drainage field so that the water level in the tank remains constant. The gutters aren't connected to the septic tank and have their own soak aways around the property - from what I can tell.

I probably didn't explain it clearly - the issue is with our septic tanks soak away that is potentially located in a neighbours field. Not our septic tank away affecting a neighbouring soak away.

It was very recently emptied and the drain run cleaned, however the tank is now brimmed and its causing solid waste to block up the inspection chamber before the tank and further up the pipework. Again not my area of expertise, but if the tanks soak away / drainage field isn't working properly, the water level in the tank would be to high, which would stop solids from entering the tank?

 

[^woody^]

Oh, you mean the discharge or drainage field from the tank, not a soakaway?

Check your deeds to see what the easement says, if any. And whether you are still in accordance with it - eg no additional extensions/rooms.

You may need a survey to confirm if there is a problem either with your tank or the drainage field.

IIRC, the cards may be stacked in the neighbouring land owners favour if the tank is causing a problem or if their ground is clogged. You will be responsible for any consequential pollution.

If there is no express easement, you will have to rely on an implied easement and if contested, you'll have to prove that one has been formed via prescription. Right of access (for maintenance/repair) should also be express, as it may not be implied or prescribed.

See if you home insurance provides any cover or has a legal advice helpline. You may need to check your legal position before you consult the neighbour.

 

[GinSoakedBoy]

Thanks for the comprehensive reply Woody.

Sadly I cant find anything on the title deeds, and the handful of old documents we got when we bought the place doesn't show or mention anything. There also hasn't been any modification / extension to the house since it was built.

The soak away (if its where I think it is) is on grazing land, and a significant distance away from the neighbour 2's home. I have have a poke around and cant see anything that would imply damage to the land or pollution.

I need to speak to neighbour 1 and see if he is aware of the septic tank drainage field / or the pipe crossing his access road as he has lived on the farm since he was a boy (70+ years now).

Will contact the house insurance this week and see if I can get some legal advice.

I have drawn up a basic plan to show where I think the septic tank outflow & drainage field may run. One new development is that a new telegraph pole was put in a few months ago, and it would be smack bang in line with the septic tank outlet - the old post would have been a little to the side. Not something I would have even considered to mentioned when they put it in, however I suspect our issues have predated the new post, but might have been exaggerated as a result.

Should drainage fields have an inspection chamber / sample chamber? There is a thick / wild hedgerow before the field. I am wondering if something is possibly buried under it all?

Appreciate the advice.

 

[avonmouth]

I recently had a similar problem when selling a property. Our septic tank was across a road and in the garden of a neighbour. My neighbour did not use it and had his own tank. It had been there for 70 years but we had no paperwork.It cost us £1500 for a Deed of Easement to be registered with the land registry for both properties. I was lucky that my neighbour agreed to this as it meant our sale could proceed with less hastle.
Contacting the council will be a waste of time.

 

[StephenStephen]

If it's recently emptied and brimming so quickly, I wonder where it's all come from?

 

[^woody^]

One new development is that a new telegraph pole was put in a few months ago

If you could apportion any blame to that, then that would be a good strategy.

Normally, any work into the ground requires a detailed ground survey/assessment for underground services. If this pole has damaged the drainage system in any way, then there is negligence, and with that comes the responsibility and costs of putting it right.

If not already done, you may want to have a CCTV or other mapping survey done to determine the layout, location and condition of the system

 

[GinSoakedBoy]

Stephen Stephen - Honestly I was pretty surprised. I distinctly recall the guy who emptied the tank saying it was around 1000 gallons. So I was surprised to see the water level at the top a month of so later. 2 people bathing and flushing, dishwasher, washing machine and typical grey water discharge. I didn't think we would fill it that quickly. One thing I have noticed is that the old cast covers dont seal that well any more, so I am wondering if rainwater is running off the drive and helping to fill the tank? Not sure how realistic that is, but we have had some biblical rainfall towards the end of last year.

Woody - A CCTV survey is definitely the next course. I know the outlet dip tube has a concrete cap on it, which I assume needs to be smashed off before a camera can get inserted into the pipe. Little concern that trying to remove the cap will also damage the dip tube as well as its clay / terracotta. When the new posts were put in they just rocked up, ripped the old ones out and drove the new ones in, pretty certain no survey was conducted.

Avonmouth - Ouch! This is also a reason why I want to get this sorted as we are potentially looking to move in the future and dont want this to become a sticking point.