Water Supply connected to neighbour

pmason

Hi all,
Looking for advice please. I bought an apartment 2 years ago. The person I bought it from is living in house next door. They have now decided to sell their house and have just informed me that the water supply to my apartment is coming from their house. Does anybody know who is responsible here or what will have to be done going forward?

Thanks in advance for any advice!
P

Calahonda52

Was this not disclosed at time of sale to you?
They will need to pay for the work required to provide you with an independent supply: my sense is you can block the sale until it is done.

pmason

Thanks Cahalonda52. No this never came up. I was thinking maybe it should have been something I should have made sure of but it never crossed my mind tbh.

Gumbo

I’d like to see the situation where one apartment was built beside an existing dwelling. When was it built? Did you buy through a solicitor?
The apartment should have certs of compliance? Have you access to them?
Planning etc

Aravo

I would check where the water supply is shown on the planning permission drawing for the apartment. And is the stop cock / water meter in the footpath area and did you always think this only serviced your apartment.

Gumbo

Aravo wrote: »

I would check where the water supply is shown on the planning permission drawing for the apartment. And is the stop cock / water meter in the footpath area and did you always think this only serviced your apartment.

Planning may not show this. It’s not a requirement for the planning process. You would need to chase the construction drawings, professionals involved and see how it was handled.

This was common during building works and infill housing, basically the builder/land owner saved money by taking a feed from the adjoining house instead of paying for a new connection.

Aravo

Planning application would have an area on form to cover method of water supply, foul water discharge etc. Could check this online handy enough.

Gumbo

Aravo wrote: »

Planning application would have an area on form to cover method of water supply, foul water discharge etc. Could check this online handy enough.

You simply tick a box. It’s a prefilled our format :

Mains
Well
Other

Obviously in this case, mains was selected. But planning would not follow up to see if it was actually Applied for though Irish water.

Calahonda52

pmason wrote: »

Thanks Cahalonda52. No this never came up. I was thinking maybe it should have been something I should have made sure of but it never crossed my mind tbh.

In fairness most of us would assume it was kosher and in fact they could have sold without alerting you

Metric Tensor

Calahonda52 wrote: »

They will need to pay for the work required to provide you with an independent supply: my sense is you can block the sale until it is done.

I think I would take the opposite view CH. I think the OP got shafted during their purchase but now that the shafting is in the past I think the adjacent house can be sold and it's up to the OP to stop the new owners from disconnecting him or alternatively apply for a new connection immediately from Irish Water.

Calahonda52

Metric Tensor wrote: »

I think I would take the opposite view CH. I think the OP got shafted during their purchase but now that the shafting is in the past I think the adjacent house can be sold and it's up to the OP to stop the new owners from disconnecting him or alternatively apply for a new connection immediately from Irish Water.

Can't fault the thinking: however it is only 2 years ago so plenty scope to sue the neighbour for non disclosure, caveat emptor notwithstanding :cool:
As KC says, planning needs to be looked at and if the documentation was falsified...

From a cost perspective, I suppose a lot depends on where the feed was taken from and how much work will be required to install a new connection:
water cooled consaw in the front door and down the hall to the kitchen, across the UFH:(

Del2005

Metric Tensor wrote: »

I think I would take the opposite view CH. I think the OP got shafted during their purchase but now that the shafting is in the past I think the adjacent house can be sold and it's up to the OP to stop the new owners from disconnecting him or alternatively apply for a new connection immediately from Irish Water.

You can't cut off a person's water supply. The new buyers will have to come to an arrangement with the OP and the seller on how to deal with the OP having a feed from the house.

Metric Tensor

Del2005 wrote: »

You can't cut off a person's water supply. The new buyers will have to come to an arrangement with the OP and the seller on how to deal with the OP having a feed from the house.

What would happen to the new purchaser if they just closed the connection?

Del2005

Metric Tensor wrote: »

What would happen to the new purchaser if they just closed the connection?

A lot of expense and hassle for both if they don't come to an agreement. You can't cut off a person's water supply in this country, so if they close the valve they will be in trouble.

Metric Tensor

Del2005 wrote: »

they will be in trouble.

With who?



No Garda station in the country is going to send someone out to look at water valves in two neighbours' houses.


If the OP wants to take on a solicitor and get an injunction they might be successful (only might) but that will be a lot more expensive than just getting their own connection.

Markcheese

What would be the likely hood of just putting a clause into the sale deeds that the op has access to water mains . ( there's no charge for water at the moment anyway). Could even add a clause that if charges / costs arise they have to be shared....
More over if the water mains is shared what's the story with the sewer /storm water drain access...?

Metric Tensor

The OP would also need a right of way and possibly permanent access to the site and/or house in order to maintain his water connection.

That would be a major stumbling block.

Del2005

Metric Tensor wrote: »

With who?



No Garda station in the country is going to send someone out to look at water valves in two neighbours' houses.


If the OP wants to take on a solicitor and get an injunction they might be successful (only might) but that will be a lot more expensive than just getting their own connection.

EPA, Irish Water, civil courts etc. it'll be expensive and time consuming for both parties if they cut the water.

Metric Tensor

I don't disagree that is will cost money on both sides but unfortunately the OP is caught on this one because of the quick one the previous owner pulled when the apartment was built.

The EPA have nothing to do with it as far as I know.

Irish Water will tell the OP he must have his own connection and will charge him a nice little sum to provide it.

The civil courts are his only possible way of keeping this connection and its by no means a guarantee and that will cost him more in terms of money and time than just installing his own IW connection now.

I was in the OP's shoes I think I might issue some strong correspondence now but in the knowledge that I'd probably have to end up financing a new connection myself at the end of the process. It is not in any way fair but I don't see any other way out for him

rayjdav

Would side with MT on this. Under the Water Services Act 2007 Part 3 the seller has committed an offence on this and all cost are to be borne by them. They are totally liable and water supply can be reduced up to discontinuance.

Further to this, the planning permission for the apartment, I can only assume that there was a development charge for connection to services (depending on grant date) Surely the cert of compliance with Planning/Regs will show this up?

EPA have no claim in this.

Future purchaser will have absolutely no obligation to provide anything to a separate property, unless there is an existing lean to the deed, which I assume is not there as it opens a can of worms for the present owner

If this was how developer dealt with water supply would not hold much weight to "construction" drawings.