Soil pipe down my wall but on neighbour's courtyard

[Mabejen]

My neighbour owns part of the courtyard at the back of our property. We need to add a new soil pipe to our wall and she is saying we can't as it is intruding on her courtyard even though she doesn't own the wall. The drain (on her side) into which the pipe needs to go is clearly stated in the title deeds as being shared so that is not an issue. Does she have any say into what I put on my wall? She said the issue was similar to that of us having a tree overhanging and that they have a right to demand nothing be put on the wall up to eye height.

 

[DAZB]

I have a similar situation with a property of mine whereby i own a small strip around 2m wide between two houses and my Deeds state i must allow access for maintenance for the neighbour to service their wall or roof verge etc.. which to me is perfectly fine as why would i want to hinder them repairing a building which could be detrimental to mine if it is not looked after ? so from my understanding you are allowed to access for the purpose of maintenance etc.. and I would say running a soil pipe down a wall you own into a shared drain should not be a problem but sadly often cases like this bring out the worst in people. Suppose your soil pipe was not allowed to be repaired by them yet fell off one day, i am sure they would be round blaming you for the damage or injury caused. You say she owns part of the courtyard, who owns the rest and can you get approval from someone else ?

 

[Mabejen]

Thanks for your reply! We own the rest of the courtyard. They say they have a right to demand that we run the soil pipe inside, come out on our side of the courtyard, dig up our and their courtyard all at our cost (likely to be huge) and have locked their part of the courtyard. Their reasoning is that the soil pipe in new (there wasn't a toilet in the property as it was commercial) and they have a right to say where it goes even though it is on our wall... According to the info on the deeds though, they don't seem to have that right. I'm wondering what info they are referring to that means they have a right to decide.

 

[JohnD]

You could get copies of the "deeds" from the Land Registry, for your property and your neighbour, and see if there are any rights and responsibilities defined.

Only use the .gov.uk website, the others are crooks.

 

[Mabejen]

Yep, got those. I don't see where she has a right to decide where my soil pipe goes!

 

[DAZB]

You could ask them to provide the documents they have got the info from as it must differ from your Deeds. In the event of them not agreeing you may be wise to seek the advice of a property law specialist as that will give you a legal viewpoint to go to them with.

 

[Mabejen]

The deeds are recent (Jan 2023) so they definitely have the same info. I've asked to share their info referring to what they are saying about them having a say what is on my wall. I'm going to get advice from a solicitor tomorrow just to be sure. Not sure what to do in the meantime about about my plumber getting access though.

 

[freddiemercurystwin]

Where is the boundary of your property, on the external face of the wall? Are you in a first floor flat? Perhaps a photo and some clarity on who owns what would help. Generally you cannot build anything that extends beyond your boundary.

 

[wessex101]

My neighbour owns part of the courtyard at the back of our property. We need to add a new soil pipe to our wall and she is saying we can't as it is intruding on her courtyard even though she doesn't own the wall. The drain (on her side) into which the pipe needs to go is clearly stated in the title deeds as being shared so that is not an issue. Does she have any say into what I put on my wall? She said the issue was similar to that of us having a tree overhanging and that they have a right to demand nothing be put on the wall up to eye height.

If the neighbour owns the part of the courtyard where you want to install the new soil pipe then they probably can stop you. Just because you own the wall does not mean you can attach things to the outside of it if the space outside is owned by a neighbour. As Freddie suggested you need to check exactly where the boundary is, you are not permitted to do anything on the neighbour's side of the boundary.

Just because the existing drain is shared doesn't mean you can install new pipes on the neighbour's property and connect to the shared drain. Any work should be undertaken on your side of the boundary such as new soil pipes and new drain connections.

From post #3 it sounds like the neighbour is correct but having said that you can negotiate with the neighbour to try and obtain their permission. A small cash settlement as compensation for the inconvenience might help.

 

[noseall]

Not sure what to do in the meantime about about my plumber getting access though.

Can't help thinking you should have thrashed out the drainage issues sooner or engaged with a plumber a wee bit later.

 

[freddiemercurystwin]

Can't help thinking you should have thrashed out the drainage issues sooner or engaged with a plumber a wee bit later.

If you're just here for pee jokes, urine luck.

 

[^woody^]

Unless you have deeds which state to the contrary, your boundary ends on the face of your wall. You can't fix anything to your wall as that will be across the boundary and in the neighbour's land.

A drain may be shared if you are already sharing it. It does not entitle you to fix new pipework on your neighbour's land so that you can share it!

 

[blup]

Offer to pay them for the rights you need including their legal costs.

Blup

 

[lostinthelight]

Would the surface of the wall be the boundary or if a soffit, a vertlcle line from the outer face

 

[Diver Fred]

me thinks you are heading towards an electric toilet!
Small bore pipe to a foul water drain on your property. May not be cheaper but in the long run less troublesome.