Back up drains

liamcrowe

Hi to all on here,hopefully my post will be ok n someone on here can help me.I bought a house in Thurles n 2007 at the height of the boom. The house is n the middle of the terrace and the sewer outside the back door keeps blocking and is backing up into my kitchen sink drain.
I have contacted the council on numourous occasions and i have in writing that the person at the end of the terrace built an extension over the manhole access,so the cannot get to it.When it blocks up,i have to call the council and they will come and clear it,but if this happens on a Thursday,i am left all weekend with the smell of the streets sewrage in my house.I have to spray air freshner n light scented candles to try n quench the smell let alone the health hazzard this is.Is there anything i can do? and are the council responsible to sort this out......I am paying a mortage on this property,house tax and next year will be paying water tax......:mad:

NUTLEY BOY

There are a few issues wrapped up in this problem including engineering technicalities and law of nuisance and possible negligence. A solicitor should be consulted to get a grip on this horrible headache so that it gets sorted definitively.

liamcrowe

Thanks NUTLEY BOY for your advice,i was thinking i would have to go that route!

Slyderx1

I lived mid terrace in dublin and drains use to block up....all of us ganged together to get dyno rod to run a camera down to see if the source could be detected. Some houses were were more affected than others. What about your neighbours ? Are you the only one in trouble? The council should help as I presume the development has been taken in charge by either Thurles Town Council or Tipp North Riding but to be honest this sounds like people power is required.

nuac

You and the neighbours affect should appoint a solicitor and ( depending on the solicitor's advice ) an engineer.

Matters to be investigated include

1. ( in the case of a privately developed estate )

2. the planning permissions,

3. the standard estate transfer/conveyance.

4.. when the offfending extension was built. ?

I presume it was unauthorised, as I doubt if the council would allow an extension over a manhole. Either the planning authority or concerned neighbours could apply for a court order to remove the extension. There are time limits, the most relevant likely to be seven years after construction. Such an aplication ( under s 160 PDA 2000 ) can be brought on quickly. Much quicker than a normal equity action, or making repesentations to Councils, imho,

So, in summary, you and your affected neighbours should see a solicitor.

Slyderx1

nuac wrote: »

You and the neighbours affect should appoint a solicitor and ( depending on the solicitor's advice ) an engineer.

Matters to be investigated include

1. ( in the case of a privately developed estate )

2. the planning permissions,

3. the standard estate transfer/conveyance.

4.. when the offfending extension was built. ?

I presume it was unauthorised, as I doubt if the council would allow an extension over a manhole. Either the planning authority or concerned neighbours could apply for a court order to remove the extension. There are time limits, the most relevant likely to be seven years after construction. Such an aplication ( under s 160 PDA 2000 ) can be brought on quickly. Much quicker than a normal equity action, or making repesentations to Councils, imho,

So, in summary, you and your affected neighbours should see a solicitor.

One has to ask why there was a manhole in someone else property in the first place...anyway see if your neighbours are equally affected..solicitors are particularly expensive at the moment so best to see how much is in the kitty before you go shopping.

Victor

liamcrowe wrote: »

I have to spray air freshner n light scented candles to try n quench the smell let alone the health hazzard this is.

Do not do this, as there are risks that he smell is accompanied by carbon monoxide and methane, resulting in potential poisoning or explosion risks. Ventilate the property instead.

You might have your drains inspected as to why this is affecting your sanitary fittings - your property should be fitted with a soil vent pipe to prevent this.

Think_then_talk

Hi liamcrowe,
As the law stands "Under the public health acts..."
It is up to every house hold on the block to maintain private drains . The cost is to be shared.If you feel someone has blocked the drain or find it hard to access/clean a blocked drain you should contact the Environmental Health Officer who have the power to take action under the public health act.
Here is a link for same.
http://www.hse.ie/eng/services/Find_...h/Contact.html

Yours
k.