Waste pipe over neighbouring land

[CrazyHorseB]

Hi, I hope someone knowledgeable can help...
The external wall of our house is the land boundary and we currently have a soil pipe running down the side of the house, across the bottom (slightly below our ground level, but above the neighbours) then back into our garden going into a septic tank in our garden.

The land next door used to be a church which has recently been knocked down with the developers putting some houses up - now very close to our house. The pipe is understandably unsightly from there point of view and want me to move it... but even if I wanted to move it, I have nowhere for it go. The pipe was there before we bought the house from an extension put in 20+ years ago.

What is the legal/regulation view on this? Have they got a case for forcing me to move it?

(the new building is approx 1m from my wall and they'll put a path up the side, next to the pipe)

 

[John D v2.0]

Sounds unreasonable for them to require it, but it's worth a try from their point of view.
To be honest I'd just say you've taken advice and you are aware that your pipe is allowed to be there. Tell them you have photos of it's condition (just in case they damage out)
Then it's up to them whether they push it through formal channels.
There's a better website for these kinds of disputes, ask on garden law forums.
Good luck!

 

[^woody^]

You most likely have an actual or implied easement for that drain. That is, you have, or have acquired the right for that pipe to be on the neighbours land.

They can't force you to move it, neither can they move it, nor can they disconnect it as being a waste pipe, that brings in other issues under public health legislation.

They could certainly pay for it to be relocated, or for your waste to be connected to their drainage system if that's feasible.

Any alterations with the pipe still on their land, or you using their land should be formalised into their and your deeds. Again, at their cost. This is important as once that pipe is moved, you lose any acquired rights for it to be on their land.

 

[CrazyHorseB]

I suspect this won't find an amicable solution so might have to seek professional advice.
Thanks for the responses.