Court over public sewer. Pls advise

[Rivkah2018]

Hi
My neighbours have been harassing me since I moved in 4 years ago. Over the last two years they've changed tactics, from the usual racist remarks and damaging property, to getting their solicitor to threaten court proceedings about my waste pipe which exits my house straight through to their cellar (the houses are attached and used to be one large house). The houses are Grade II listed and in a conservation area.

We've gone in circles and back to square one and I need your advise please. The deeds are unclear and no right of way for drainage is mentioned. So legally we have an issue. The pipe has been there for about 19 years, and the neighbours have lived in their house for 18 of those years.

Thames Water have confirmed they own this pipe once it leaves my house. They said it is not trespassing and and I cannot be forced to move it. But they cannot go further to assist as this is a civil issue.

The pipe can be rerouted for thousands of pounds, which I don't have as a full time working single parent. I cannot therefore rely on an easement of necessity.

My question is why is the argument that the pipe is not owned by me not good enough? My solicitor is really helpful but hasn't made this clear to me. What other proof can I get in case they get another injunction against me to move the pipe.

Any help would be so appreciated.

Thank you

Does the pipe only serve your property? Does the neighbours sewer connect into it?

I've paid over £1k to have a building surveyor in who said there is no info available on this pipe. He hasn't been able to date it either.
And I have just asked my solicitor why the argument re TW ownership isn't strong enough. He should respond shortly!

@rotolla the pipe is visible in their cellar. It goes across the wall.

My solicitor can see the motivation is harassment especially after the settlement meeting where the neighbour got verbally aggressive with me without any prompting from me! But he's never thought it a good idea to add that to the case. Only said to keep the info for my witness statement if we go to court. He's not a high street solicitor, he is a senior partner at a good firm. He's my second solicitor since the last firm kept pressing me to settle and pay a fortune I didn't have!

The pipe only serves my property until it connects to theirs at which point it serves both properties and exit into the manhole. They only want to cut my access so the pipe before it connects to their toilet.

Thank you everyone for discussing with me. It's so helpful to realise 1. I am not mad and 2. I can go back to my solicitor with these questions.
I will ask why Thames Water hasn't been included in the claim. That should help them take it more seriously.

Ownership passes to the water company the moment the pipe crosses the boundary of your land. It matters not that the neighbours only tap in to the supply later on.

Of course you're not mad, this whole situation seems mad enough to make anyone wonder about themselves!

Here's the response from my solicitor. I'm clearly missing something...

"I am not sure responding that Thames Water own the pipe and there is nothing more to be said, is necessarily the answer and in the spirit of what we discussed at the settlement meeting. That said, neither do I think you should simply throw in the towel and agree to some elaborate plan of Mr X* that could cause considerable damage to your property not to mention the cost.

We have also now received the attached further email from their solicitor and you will note their assertion that they believe the pipe to be a private pipe."
*name removed

Do you have it in writing that Thames Water say the pipe is theirs? (if not, get it)

Send a copy of this to your solicitor saying little more than "Their assertion that the pipe is a private pipe and my pipe is incorrect. Here is the evidence that Thames Water acknowledge the pipe to be theirs. Please inform their solicitor of this, and that I expect to hear no more on this".

It is one of those situations that TW will probably be reluctant to act u til said neighbour actually does something. You appear to have established it is not your pipe from the point it crosses the boundary. You clearly have a right to use the pipe, even if implied so his options appear to be for him to engage directly with TW about moving it (I suspect they would refuse unless he paid for it) or if he cuts it, then he sparks a crisis at which point it would probably be a court injunction ...but it seems pursued by TW. Either way, if the pipe is not yours then you are limited to what you can do, but are clearly an interested party as any interference with it will affect your property.

Sounds like the solicitors are doing well out of this at least.
As long as they are getting paid, they are probably happy to mediate between two people looking at a tomato, one saying it's a fruit and the other saying it's a vegetable.

Thank you for all your responses. It's keeping me sane to talk it through.

My solicitor has a copy of the email with Thames Water saying they own the pipe. I'd be so disappointed if the only reason they aren't shutting this down is to make more money. I'm a single parent of a 22 month old and I work full time to pay for this. I've missed most of my sons life having to go back to work when he was 9 months old.

And yes TW won't get involved until they have to.

For now I will have to write an email to my solicitor saying I would like to pursue shutting this down based on the fact I don't own the pipe

Thank you all again.