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Original poster

Neighbour is going to cut off our water! Help!

26 replies

pacific · 05/09/2015 09:34

I am hoping that someone on her knows a bit about Scottish property law and shared utilities and can help me out.

We own an old mid terrace ex local authority house in Scotland. A few months ago, our neighbours started a major extension and remodelling of their house. Our mains water pipe is routed through their garden and will be underneath their new extension. Obviously building regs say that the pipe has to be rerouted. They are wanting us to pay for the complete rerouting of the pipe and say they will smply cut the pipe by next week if we don't pay up!

I have no idea about property law. Can they do this? Can they really cut our pipe on their land? Help?!

OP posts:
chairmeoh · 05/09/2015 09:38

I'd get straight on to the building regs department at your council first thing Monday morning to clarify.

3littlefrogs · 05/09/2015 09:38

They should have applied for and obtained planning permission, so surely there will be regulations around water supply etc?

I don't know about Scottish law but this would absolutely not be allowed in England.

Can you get in touch with the local planning department and the water company?

It makes no sense that you should have to pay for anything at all!

NotAnotherNewNappy · 05/09/2015 09:40

I think you should start by talking to the water board. I'm in England - but when we built our ext we had to apply to water board for permission and pay for the privilege. I sincerely doubt they are legally allowed to cut you off - the pipe may go under their house but it's not their property.

orangepudding · 05/09/2015 09:41

I assumed that pipes belong to the water company and your neighbours would not to allowed to do this. Will other homes be affected if they cut the pipe?

Kennington · 05/09/2015 09:42

I would contact the water board as there will be laws around cutting off water supply - you can't! The water board would have to reconnect you anyway and then they would pay likely charge the neighbours the cost. Sorry to hear this and I would suggest you stay out your neighbours way!!!

Legwarmersforboys · 05/09/2015 09:53

Might be worth taking a look at your property deeds.

comeagainforbigfudge · 05/09/2015 09:54

I don't think they can. Like pp it doesn't belong to them.

I'd phone Scottish water and ask them. As they would need to be involved (and I would have thought actually do the pipe rerouting work!!). In fact I would have thought if it was going ahead that Scottish water would have to notify you of the work, start dates etc,

Think your neighbours are at it. They are wanting the building extension so should be paying for all the costs incurred imo.

Phone Scottish water
Get to citizens advice
I'd also be tempted to go into police station and ask their advice/log it. (Sounds extreme I know but threatening to turn off water for money is pretty much blackmail!)

mylovelylife · 05/09/2015 09:57

Get out your water bill and phone the company immediately.In England (can't see why it's different for Scotland) your neighbours would need to have a build over agreement with the water company.They cannot cut off water supply since they don't own the pipework..I am assuming you pay water bills.

Building regulations usually check for drains and advise before a build start.Your neighbours approach is unbelievable!!

ExasperatedAlmostAlways · 05/09/2015 09:58

I'm in a mid terrace ex la in Scotland. Its a block of four. When we have any problem with water or blockages it is Scottish power who have to fix it. Its something to do with it being shared pipes. I'd imagine yours is the same? Contact Scottish water asap today ask their advice and then straight on to planning regulations tomoro. They can't just cut water pipes surely it would cause the water to flood out the pipes where they were cut?

PacificDogwood · 05/09/2015 10:01

No way should this be your problem or should you have to pay for rerouting the pipes.
Yy to getting Scottish Water involved.
They would be very interested to hear that somebody is messing with their pipes, I'd imagine.
Do not pay any money.
It may be a good idea to have this logged with the police - I'd've not thought of that.

3littlefrogs · 05/09/2015 10:07

I wonder if they have obtained planning permission?

They sound like the sort of people who are a law unto themselves. They may not have followed the correct process - you should have had a letter from the planning department, as should all your neighbours. The plans should be on the local council website.

Whenever anyone in our area is doing any work we all get deluged with letters from party wall surveyors and letters from the planning department inviting us to view plans and register objections. However, as I said before, I am in England so it might be different.

Original poster
Pacific · 05/09/2015 10:25

Thank you all.

Common sense says that we shouldn't have to pay anything at all.

I have spoken to Scottish Water. Unfortunately, as soon as the pipe crosses onto private property, it is no longer their responsibility. The neighbours are refusing to bear the cost of re-routing our pipe.

Good idea about logging with the police...I received quite a threatening email from the neighbour about it.

I didn't think about Citizens Advice. Will do that too.

OP posts:
sleeplessbunny · 05/09/2015 10:32

wow that is extreme behaviour from your neighbour. You need legal advice asap I'd say so CAB would be a good start. My understanding is that English law at least considers a water supply to be a basic human right, meaning water companies are not legally allowed to cut off a household's water supply. I would second calling the police tbh.

Sorry your neighbours are such dicks.

Original poster
Pacific · 05/09/2015 10:35

3 frogs...Of course! the Planning dept! I did not think of that! Doh! I have just dug out the Neighbour Notification paperwork and I can phone the council for help.

I have to go out now but I will be back this evening to read any further comments. At the risk of outing me...it is in Fife.

Thank you all.

OP posts:
APlaceOnTheCouch · 05/09/2015 10:52

Find out where the main supply pipe is and then ask ScottishWater for a quote to connect to it directly. It means you'll no longer be at the mercy of your neighbours. But it does mean you would be without water until ScottishWater can schedule the work.

Did your neighbour notify you of their planning application for the extension? If not, then you can complain to the council too.

How much are your neighbours asking you to pay them for the rerouting?

APlaceOnTheCouch · 05/09/2015 10:53

Oops, x-post about planning.

OldCrowMedicineShow · 05/09/2015 10:56

If it is a private water supply, contact your local Environmental Health team to ask advice.
Scottish Water will not have anything to do with private water supplies.

APlaceOnTheCouch · 05/09/2015 11:00

Also check your deeds to see if it mentions the water supply and pipe. Although it is on your neighbour's property, it may not be under their ownership. It could be classed as communal under the deeds because it also supplies your property. In which case, they can't just cut it off.

OldCrow it doesn't say it's a private supply. ScottishWater are saying they are not responsible for the infrastructure on private land which is correct even if it does connect to a ScottishWater main supply at their boundary.

reallybadidea · 05/09/2015 11:03

I'm really not convinced that this is a planning issue because what you're describing wouldn't have any effect on planning permission. Have you checked your house deeds? Do you have any legal cover on your home insurance? Lots of home insurance policies will give you access to a free advice line or you may have paid an extra amount for paying legal fees for disputes such as these. Alternatively you may need to contact a solicitor and get some paid advice.

charlestonchaplin · 05/09/2015 11:17

You need a solicitor. In England (and Wales) the usual thing in this situation would be that you have an easement (documented in your deeds) which is a right to the passage of clean water (or drains etc) through their land. They can't just deny you your rights but they are relying on you being ignorant of them and fearful of the cost of a solicitor.

Get a solicitor, and when the issue is sorted out ask your neighbours to pay the solicitor's bill, taking it to the small claims court if necessary.

APlaceOnTheCouch · 05/09/2015 11:18

The only relevance of planning was whether or not OP was notified appropriately about the planning application in the first place. Since OP then mentioned that she had the notification paperwork then yy the planning issue becomes irrelevant.

SmellTheGlove · 05/09/2015 11:45

Actually in England it's a similar situation. Our neighbours water supply is routed through our property (under the kitchen from the side return then up the party wall in our kitchen). We unintentially cut off their supply when we had our kitchen done - we thought it was just an old redundant pipe as it didn't supply our water anywhere. We called Thames Water out to see what the situation was and they said it's very common in Victorian properties, and that if we wanted to re route the pipe it would be at our expense as once the pipes cross onto private land (ie past the pavement) it's nothing to do with them. We decided to leave it as it was, just reconnected the supply and plastered over the pipe. I suppose we would have been entitled to cut if off though as it is in our property? We didn't because we are not arseholes.

Original poster
Pacific · 05/09/2015 17:21

Thank you to everyone who have replied.

I have logged it with the police who said at the moment it is a civil matter but if they cut off our water it then becomes a criminal act so thank you everyone who suggested contacting the police.

I am going to contact our solicitor on Monday (family friend...will give us free advice) and find out what it says in our title deeds. I am also going to contact Fife council who must have had this situation before.

I wrote a blistering but icily polite email back to the neighbours and feel better for it!

Will update this thread if there are further developments.

OP posts:
glintwithpersperation · 05/09/2015 17:30

How much money do they want from you ?

LBOCS2 · 05/09/2015 17:35

In England there has been a fairly recent change to the law which states that if the pipe work supplies more than one property (I.e you and your neighbour) it remains the responsibility of the water company whether or not it's on private land. Does this apply in this case?