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Blocked Drain - who's liable?

  • 14-01-2010 7:26pm
    #1
    Registered Users, Registered Users 2 Posts: 1,452 ✭✭✭


    Our neighbour knocked in to us the other day to inform us that his sewage drain was overflowin his back garden and asked if ours was too. At that stage, we weren't overflowing, but it was clear that something was "backed up" as there was a little water in our drain.

    Last week I overheard our neighbour 2 doors up seemed to be having a problem with their drainage too.

    We're at the bottom of a hill, so I assumed that if we were the case of the blockage we would have overflowed first... anyway regardless - our neighbour hasn't done anything since and now two days later our own drain is (at times) close to overflowing.

    I'm suspecting he is expecting us to call someone out. I don't mind doing this, but if they do find an issue - who pays? Will it be us because we called someone out OR should it be shared between all affected?

    If all of us have to share - how do we handle this, will the drainage company send us bills seperately?

    I can see trouble ahead and that's the last thing I want! So any advice appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    Generally, it's a case of whoever orders work to be done by a company pays for it.

    Any legal issues can not be discussed here. If you feel there may be trouble ahead, I would advise you to get your camera out and start to document any overspills onto lawns, etc., with the view to contacting your solicitor when the sh*t hits the fan, so to speak.

    I have re-opened this thread for a GENERAL discussion. NO LEGAL MATTERS TO BE DISCUSSED, or the thread will be re-locked and people will get banned.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    In general terms -

    Drains running between properties like this , usually if not always , to the rear - are private drains* .
    They are owned in equal parts by all who connect into them .
    All are therefore equally liable for repairs
    Drainage repair companies will seek one person only to pay the bill . Or no repair - so the one with s*** in the garden pays .
    After that the unlucky individual must rely on the others accepting their equal responsibility - in my experience this is rare . I am aware of 2 local disputes which have lasted years and years over this issue


    * means local authorities will not want to know


  • Registered Users, Registered Users 2 Posts: 1,452 ✭✭✭tomED


    sinnerboy wrote: »
    In general terms -

    Drains running between properties like this , usually if not always , to the rear - are private drains* .
    They are owned in equal parts by all who connect into them .
    All are therefore equally liable for repairs
    Drainage repair companies will seek one person only to pay the bill . Or no repair - so the one with s*** in the garden pays .
    After that the unlucky individual must rely on the others accepting their equal responsibility - in my experience this is rare . I am aware of 2 local disputes which have lasted years and years over this issue


    * means local authorities will not want to know

    Thanks Sinnerboy - I lost patience and got it sorted in the end, even though neighbour was the one with sh*t in his garden.... Didn't want it happenin to us, though so bit the bullet.

    I guess you know how decent your neighbours really are after an event like this.

    Tom - you might want to close down the thread now unless you think others will benefit of course. Thanks again for reopening!


  • Registered Users, Registered Users 2 Posts: 222 ✭✭kavanagh_h


    tomED wrote: »
    Tom - you might want to close down the thread now unless you think others will benefit of course. !

    Thanks Tomed for this thread. In the same situation myself it seems.:eek:


  • Registered Users, Registered Users 2 Posts: 1,452 ✭✭✭tomED


    kavanagh_h wrote: »
    Thanks Tomed for this thread. In the same situation myself it seems.:eek:

    It's a horrible one to be in. Apparently up to 4 houses will be on the same line. It was only affecting 3, but only 1 of us was willing to do anything about it... sign of the times I guess....


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  • Registered Users, Registered Users 2 Posts: 2 Lexi47


    I am having the same problem at the moment, I have the large manhole in my back garden, next doors small shore is overflowing, the water levels in my toilet are very low. We are on a block of six houses. when we lifted the manhole to have a look the water level was very high. I have paid to have it cleared twice and my next door neighbour once. thi sis the 5th time this year that this has happened.Can anybody advise me on what to do next?


  • Registered Users, Registered Users 2 Posts: 186 ✭✭kilclon


    Get it inspected to see what's causing the problem. A cctv survey should find the cause of the problem and and your plumber will be able to advise on potential solutions.


  • Registered Users, Registered Users 2 Posts: 2 Lexi47


    Thanks Kilcoln, My next door neighbour has arranged for someone to call today,I will let you know how we get on:)


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