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Legal matters

Sewer Repairs - Right of Access

9 replies

Pufflemum · 19/11/2013 12:43

I have today received a letter from the water board requiring access to our garden to repair the mains sewer. There is no timeline or forecast of duration just a scary leaflet talking about digging up the area, cutting down trees and how we would get compensation. Has anyone had any experience of this?

I think we should employ a surveyor to advise us as we live in a very old house that has previously had subsidence and been flooded due to a broken drain ( which we always thought was caused by water board works but they refuted), so I am really worried that a problem may arise months from now following on from this disruption. How would I find such a person??

All advice greatly appreciated.

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VivaLeBeaver · 19/11/2013 12:49

They do have rights of access to your land.

They should have a code of practice which they have to work to and you can ask for a copy.

If it needs repairing its better to have it done surely?

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Pufflemum · 19/11/2013 14:03

Thanks they did send the Code of Practice. We do want the sewer repaired although do not have any problems that we or neighbours know of. it could be that a nearby development of 10 new homes have a problem and they have traced that to our garden!

Presumably if they have evidence that the pipe under our garden is damaged they would have to show us? However being sceptical I am worried that as our property is the smallest oldest house on a street of £1m+ properties they think our garden will be the cheapest and easiest to damage.

I tried to call the named contact today to discuss and after 40 mins on phone to track him down was told he would call me back within 2 days.
I would like to know from him an estimate of the work involved, a day or two no issue, a month obviously a different story!

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Quoteunquote · 19/11/2013 14:19

If they want to replace the old pipe rip their arm off, bend over backward and point the way.

The main sewer is the one thing you really really do not want to go wrong on your property.

because we use less water to flush, because people flush things like baby wipes, nappies, cotton buds, cat litter, tampons, cooking fat, pipes blow, especially old ones,

Get them to add inspection chambers(manholes) at the points where the main enters your property and leaves your property, and if that is a long distance, add one in between, this will totally future proof for any blockage problems.

you are responsible for the bit waste pipe from your house until it meets the main, even if your neighbours joins this, if the issues are coming from age, thing about using this opportunity to updating them, you may well be able to convince them to do it as a part of the package, do you know where your waste runs, and joins the main,

the new systems are click together so easy to install.

Take lots of pictures of your garden before anything starts.

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VivaLeBeaver · 19/11/2013 15:06

They need to access the sewer at the point the problem is, either that or they're doing the whole length of sewer and everyone will be affected.

They wouldn't go in your garden to get to a problem under your neighbours garden just to avoid upsetting them. It would be physically impossible.

I would imagine they've stuck a camera down the sewer, like a CCTV camera on a length of pipe. You keep pushing it down till you find the problem and the TV screen tells you how many meters down the sewer the problem is. I used to do this for a job. Grin

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DragonMamma · 19/11/2013 23:10

This was also my job and no, they neednt have accessed your property previously, CCTV cameras have metres and metres of length to help pinpoint the issue.

There's very unlikely to be compensation for time or inconvenience, but your garden will be reinstated to it's current state. If shrubs etc aren't available due to the time of year then you may get a cash value for them but actual compensation, no. You buy a house with a sewer in the garden and you run the risk of this happening.

As Viva has said, they won't just choose to work in your garden to save upsetting your neighbours - your garden houses the length of sewer that has likely collapsed. They don't have to show you CCTV to be able to access the public sewer, nor do they need to gain your agreement - if the work is deemed an emergency or essential, they serve notice on you and away they go.

I wouldn't bother with a survey, they dig a trench, prop the trench up and repair the sewer. The depth and length of sewer affected and type of repair will determine the amount of time it takes. Although, whatever they think it'll take, it usually takes longer because things always crop up...

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Pufflemum · 20/11/2013 07:34

Great advice from everyone, very helpful and puts it into perspective, so many, many thanks. Here's hoping that it is a small job that gets done quickly by people who appreciate my beautiful garden :-(

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Elansofar · 22/11/2013 22:10

Make sure you have a photographic record of condition of your garden beforehand. Keep a diary of all names calls and discussions etc just in case problems arise later. Most water authorities I've dealt with have been happy for a surveyor to be appointed and for them to cover the costs, so consider asking because if you don't ask, you don't get.

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Spickle · 23/11/2013 00:09

I had this problem some years ago.

Builders at a new housing development nearby poured wet cement down the drain and blocked the sewer, which caused flooding in many gardens. The water board dug up my garden to replace the sewer with a new one. They were in and out of my garden for three months with lots of equipment and many men trampling all over my lawn. They did screen off the massive hole, but the garden was largely out of bounds.

However, they gave me an allowance for shrubs (they got a landscape gardener to plant them all too) which had died as a result of being waterlogged, they replaced my shed which had to be dismantled and they laid a new lawn for me. I didn't get any compensation but the garden was returned to it's original (if not better) condition.

Unfortunately, you do have to comply with their request. It will probably be on your deeds that you have to allow access.

I did have a surveyor working for me to try and get compensation as I had paid out a considerable sum of money trying to deal with the flooding because for three years I had no idea why my garden was so wet all the time. I had soakaways put in, bought a petrol lawn mower as the electric one couldn't cope with the wet grass and lost almost an entire established garden of trees, shrubs and plants. However, although the water board did put it right, I have never received any compensation over and above what was deemed necessary.

HTH

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digerd · 23/11/2013 17:39

Yes it is in my deeds too, also includes electrical power
cables.

Our local Water Board has taken over responsibility for shared drains only. At the end of our road they had a manhole cover in the road < small side road> and the drain was full of baby wipes and underneath solidified asphaltShock.

They legally should give you notice of the day they will arrive on your property and an estimate of how long for.

Sorry you had subsidence, that is a dreadful thing to happen and in most cases is caused by tree roots.

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