Snobby Neighbours refuse to co operate over blocked drain. (Merged)

Run_to_da_hills

My father has a blocked drain with sewage coming out into the garden and blocked toilets. He called out a plumber contractor which cost him over e120 just to come out. He tried unblocking it to with high pressure water and plumbing snakes but to no avail, he said the problem was in the next door. He contacted the woman next door who was very smart and said we dont have a problem and refused access to the drain, she said the plumbing contractor would "damage her garden". Is there a legal standing here? Grand kids come around to the house. Im sure this is a health and safety issue.

Solair

You need to contact your local council as this is a public drainage issue. They can possibly resolve the access issue.

That or simply explain that the only other alternative, if she refuses access, would be to pressure wash the drain which could result in raw sewage spewing up her toilets and wrecking her house. It might not happen, but, it might make her think about allowing access to the garden!!!

smashey

Run_to_da_hills wrote: »

My father has a blocked drain with sewage coming out into the garden and blocked toilets. He called out a plumber contractor which cost him over e120 just to come out. He tried unblocking it to with high pressure water and plumbing snakes but to no avail, he said the problem was in the next door. He contacted the woman next door who was very smart and said we dont have a problem and refused access to the drain, she said the plumbing contractor would "damage her garden". Is there a legal standing here? Grand kids come around to the house. Im sure this is a health and safety issue.

Firstly, we don't give legal advice here.

Now, if your neighbour refuses to allow access, contact your local council.

is_that_so

Yes contact the council. It's a public health issue. We had a problem, -our fault as it turned out and we got a threatening letter from them, even though we asked them what to do :rolleyes:. But they were very helpful and we got it sorted out pretty quickly.

Run_to_da_hills

Cheers, Council contacted and sending someone out straight away to assess the problem.

Run_to_da_hills

Another question. If the Council makes an order for access to their garden who is responsible for paying the plumber contractors to come out and fix the blocked drain if it is in a neighbours garden? Who pays for the damage in their garden?

sydthebeat

If its a public drainage issue... then i would assume the council have to resolve the issue themselves.

is_that_so

As posted it depends. In our case as we were deemed responsible for it , so we had to pay. The council should be able to tell you this once they have had a look.

Run_to_da_hills

Cheers again, an insurance assessor is coming out, looks like the neighbours will be forced to cooperate.

sinnerboy

typical housing estate drainage layouts allow 8 - 10 max houses to connect into public drain . look at any LA map in the built up areas and you ( generally ) only see the drains in the street . so drains running along back gardens tend to be shared private drains . in my experience LA don't want to know , so OP lucky you that they got involved .

I have once seen an end of road new-house-in garden fail to build ( after planning mind you ) because neighbours refused permission to connect into shared ownership , private drain run along back gardens .............

Mellor

sinnerboy wrote: »

typical housing estate drainage layouts allow 8 - 10 max houses to connect into public drain . look at any LA map in the built up areas and you ( generally ) only see the drains in the street . so drains running along back gardens tend to be shared private drains . in my experience LA don't want to know , so OP lucky you that they got involved .

I have once seen an end of road new-house-in garden fail to build ( after planning mind you ) because neighbours refused permission to connect into shared ownership , private drain run along back gardens .............

In new housing estates, but in older estates its common for public sewers running through back gardens. I know that the drain running accorss my back garden is the LA's. As are all drains in the estate.

As for the refusal to connect to private drain. Thats an unfortunate situation, i'm guessing it was assumed to be a public drain

psdub

if its on your land you have to pay if its outside the council cover the costs

Mellor

This is completely wrong. Please read the precious few posts. If its a public sewer the council cover the cost, this can be on public land or on private land. It is a private drain it will be up to you to sort it.

psdub

under the local government (sanitary services) acts 1878-2001 each house seviced by a private combined drain is jointly responsible for the maintenance of the drain it is necessary that all joint owners arrange to have any blockage cleared and any repairs carried out any expenses incurred must be equally shared between all those served by the drain

tampopo

psdub wrote: »

under the local government (sanitary services) acts 1878-2001 each house seviced by a private combined drain is jointly responsible for the maintenance of the drain it is necessary that all joint owners arrange to have any blockage cleared and any repairs carried out any expenses incurred must be equally shared between all those served by the drain

Hmmm, sounds very interesting. Where could one find a copy of said Act?

muffler

Seeing as the Irish Statutes Book covers Acts since the formation of the state I doubt very much if there is such an Act or certainly not that title.

1878 ?? Sewers ?? me smells a rat.

Mellor

There was an act made in 1878, but as Muffler pointed out the Irish statute is is only covered from the formation of state. The relevant act would be 1948 I believe.
But thats all irrelevant really, as it has been stated a number of times that the drain in the OP may or may not be a private shared drain. It could easily be a LA sewer.

Run_to_da_hills

As the OP again, drains still blocked, The department of health were out and are going to issue three seperate summonses to the parties involved to clear the drainage. Each party is responsible for the blockage in their own property including my old man. The culprits ie snobby neighbours are in serious trouble because they put a patio and landscaped over all the drains restricting any access. The Council said this is highly illegal and If they dont act on it immediatly they will get a court order.

bauderline

I remember watching one of those dopey UK documentry things about a day in the life of council sanitation guys. One council house the entire back garden was flooded and every plug hole in the house was spewing out black gunge.... he cleared the whole shebang up with a long flexible cable type thing that had a propellor on the end.... a neat device that unblocked the drain without them having to dig anything up..

I would imagine these are a fairly common with drain specialists and if used in each of the three houses the problem should be cleared up in a matter of hours.... unless of course someone has literally s*** a brick, which could well happen when your neighbour gets a letter from the council.

All jokes aside, even if the crowd next door have put a patio over their manhole they should at least have a vague idea of its location.. it should not be too much work for them to access it.

Good luck with it !

Barlow07

Run_to_da_hills wrote: »

The culprits ie snobby neighbours are in serious trouble because they put a patio and landscaped over all the drains restricting any access. The Council said this is highly illegal and If they dont act on it immediatly they will get a court order.

It seems they had something to hide all along. I'm delighted to hear that, serves them right.

Heinrich

There is no reason why the manhole should be covered over. I hope the neighbour starts digging soon.



http://www.pavingexpert.com/recess01.htm

MarkR

Run_to_da_hills wrote: »

As the OP again, drains still blocked, The department of health were out and are going to issue three seperate summonses to the parties involved to clear the drainage. Each party is responsible for the blockage in their own property including my old man. The culprits ie snobby neighbours are in serious trouble because they put a patio and landscaped over all the drains restricting any access. The Council said this is highly illegal and If they dont act on it immediatly they will get a court order.

Karma wins.

sydthebeat

MarkR wrote: »

Karma wins.

seconded!!

psdub

i havent a clue where you would get a copy it was quoted to me by the Environmental Health Officers Section Housing and Residential Services Civic Offices Wood Quay tel (01 2223880) because we have a similar problem on our road

tampopo

thanks for that. I have a similar problem. I am at the end of a terrace, all wastes come down the back of the houses and go to the front between us and the first house on the next block. It's quite backed up....mostly to me cos I'm nearest. So, I have to involve the others even if it doesn't, as yet, affect them. though some of the others know about it, there has been an ongoing problem for several years, but it's affecting me much more now than it ever did before.....hmmmm...