Neighbour dispute, they haven't even moved in yet..

[FrameyMcFrame]

We have new neighbours, they haven't moved in yet as they've been gutting the whole house and building a massive extension.

The water board have now contacted us saying there's a collapsed sewer pipe and they need to dig 1.5 meters deep in our garden to fix it.
The strange thing is that we have absolutely no problem with our service and the previous owners of next door did not have problems.

I'm guessing that the building works have damaged it.
I'd be happy to oblige but the hole is 3 meters long and begins at the base of the trunk of a mature cherry tree. I can't imagine the tree will survive having its roots cut through? But maybe I'm wrong.

IABU to just say no you can't do it? I don't understand why they need to dig up my garden when it's their pipes that have the problem.


Can you query it? Ring up the water board tell them you’re not experiencing any problems and this is the first you’ve heard about it and are very surprised. Ask who reported it as it wasn’t you.

I assume they've sent a camera down to see where the breakage is?

I would also think it's also broken under their building works but they have to replace an entire length and the 'join' is under your garden ?

Did the water board say why they need to dig your garden up specifically

Maybe your previous neighbours didn’t declare it because they didn’t want it to impact on the sale or perhaps it has been collapsed/collapsing for a while and the building work has brought this to light.

Why don’t you call the water company and see if you are obliged to allow them access to repair and look into where you stand if you refuse and there are future issues for any of your neighbours as a result and/or when the time comes for you to sell.

The previous owner may have had issues as we had something similar happen. It was a major issue but our next door neighbours were saying "we have lived here 40 years without an issue" etc.

Thanks, yes they sent a camera down and the collapsed part is on the boundary between our gardens.
The hole has to be dug on our side and although I've asked they haven't explained why.

They just sent me this diagram, which is not very ckear, hang on I'll find the photo...

It’s a hassle but I’d prefer a dug up garden to a sewage leak.

I may be wrong, but, I don't think you can refuse them access to fix this leaking sewer pipe.
They have a responsibility to repair/replace it once the problem has been identified.
It could well be your cherry tree roots that have contributed to the damage.

Could be the tree roots causing the problem

Drain maybe clear after the tree and you’d have no problems

Are they charging you or just need access

I definitely would require an explanation for why the repair needs to be accessed from your garden not theirs if the damage is on the boundary before I’d want them to proceed.

I don't understand why they need to dig up my garden when it's their pipes that have the problem.

If the pipe is in your garden, how else would they fix the issue except by digging?

I think you wouldn’t be unreasonable to ask them to confirm how they know specifically where they have to dig, but if the issue is the pipe in your garden, they have to be able to repair it somehow. I would ask them to try and resolve the issue of how to do this without damaging your tree if at all possible.

Not sure if you can just outright refuse - might be worth speaking to a property lawyer.

They can hand dig or use an airspade to get past the roots. If roots are in the pipes then that will most likely be because they are old clay pipes with degraded mortar joints (not cause by roots but exploited by them). Replace or line clay pipes with plastic and jobs a goodn.

Waterboard around here constantly digging up the same stretches of road to replace broken pipes (often within weeks of the last replacement). Some of the 'natives' blame this on all the new housing developments - which are going to cause traffic problems because the road system isn't being improved - but are innocent of this one.

It just smacks of that old-skool type ineptitude I thought had been forgotten these days (well, until I started traveling by SouthWestern rail but that's another story).

elvis86 I'm not sure where you got jealous from. I think the OP is worried about having her garden trashed and a lovely tree killed.

Definitely better to get it fixed. I worked for a drainage company for some years and have seen the devestation caused by sewage leaking out of a burst pipe and into a house - trust me and go with the repair while you can.
Generally speaking the engineers will be well prepared and sensitive to you, will backfill and protect your property and the tree as much as humanly possible. Good luck :)

Two family members have had very recent experience of similar and with two separate water companies. On both occasions before so much as a spade hit the ground cameras were used to inspect and record the issues, both companies were happy to let them see the footage. The work was necessary and carried out quickly and everything was put back carefully.
We are about to have a trench cut diagonally across our drive and the road in front of our house as a new house is being built. I'm not looking forward to the noise, mess and disruption but both the developer and the water company have spoken to us at great length and kept us informed every step of the way.

Your situation doesn't have to be a neighbour dispute and done carefully your mature cherry tree should be fine. The important thing is it needs to be done and not at your expense. You really don't want a leaking sewer pipe either under your or the neighbour's gardens, sewage will leak and worse still rats live in those pipes (I hate rats).
Ultimately you can't refuse, the water company have statutory repairs under the Water Act 1991. I really appreciate how upset you are but my advice would be work with the water company and the developer/builder.

I don't think you can refuse. I thought the water companies have the right to do what needs doing when it comes to drains.

It sounds as though the work is necessary.

Where’s the sense in arguing it?

Yes Elvis, all complaints are simply jealousy in disguise

I may be wrong, but I don't think you have the option to refuse?

Have you asked if it’s building works related?

If the pipe is broken, do you really want a cess pit of your neighbour's sewage backing up under your garden? You could be sharing this pipe, but your sewage goes into it further down.

Yes - I think you will probably find that you have to allow them to dig because somewhere in your deeds there will be something saying you have to give access for repairs to pipes, wires, passing under your land.
It's annoying, but think how you'd feel if the boot were on the other foot.

Would it not be better to get off on the right foot with your new neighbours and let them crack on?