Neighbour wants to run drain through my garden

[ADVICENEEDED987]

My neighbour has asked if they can run a drain underground through my garden to meet the main combined drain for the row of houses.

They currently have a soakaway for water from their roof but this has failed. Instead of replacing it they want to run a pipe underground to take the water to the main drain but joining it in my garden rather than theirs (I think their inspection cover has been concreted over).

It would mean digging up part of my patio, flowerbeds etc. What would you do? My instinct is to say no. Whose responsibly would it become if it gets blocked? It's disruptive to my garden, plants/hedge will have to come out) would my insurance provider be happy with it? Any risks if it goes wrong (I think it would be done as a diy job rather than by a contractor). I don't really know anything about drainage and plumbing so any advice would be very gratefully received!

thread title edited by MNHQ at OP's request.

Adding to the chorus of no with a hell no absolutely not!

It sounds ridiculously complex. If it's just about handling runoff from their roof, why don't they just do what all my neighbours have done - install a water butt and use it to water the lawn?

You used to be able to and it was common, but no longer allowed.

No. No no no no no no no no. Hell no.

You’re not allowed to have surface run off water going into a foul water drain. So by law they can’t do this. Which should make it really easy to say no to them.
As PP have mentioned, they can dig a soakaway in their garden for their gutters.

Thank you all, it is definitely a resounding no from everyone then! I couldn't decide whether I was being sensible in saying no or if I was being wholey unreasonable and a bad neighbour by refusing

If you're thinking of selling soon, definitely say no.

Tell the neighbour you're selling soon and they'll have to have that conversation with the new owner.

We have a soakaway in our garden for some of the roof gutters. I'm not really sure how they can suddenly "fail". When ours was installed it looked like a paddling pool full of rocks being fed by some buried guttering! Not much to go wrong with them, or difficult to fix if necessary!

Fuck right off with that idea neighbour for so many reasons. Don't go with being kind or feeling guilty bollocks either if neighbour complains. CF.

That was going to be my first suggestion but apparently they will be starting work either way in the next few days

From looking at my drainage plans from when I bought the house the drain is classed as a 'combined sewerage' drain so I'm assuming that means it takes both surface and foul water and so it might be ok for them to do it. But regardless there are so many other issues with the idea

So rather than dig up their own garden, they want to dig up yours. Chancers.

It sounds though they might be the type to bodge together a cheap solution rather than doing a proper job. If I were you, I'd put your message declining permission in writing. Email, text, WhatsApp. And keep a copy.

OP check your deeds as there may be a provision that allows them to do this

Is this recent? I did this self same thing three years’ ago via building regs

I don't think they'd be getting professionals in to do it. It wouldn't go too far into my garden but it is still disruptive and something I could do without at the moment

This. You’d potentially be taking on Riparian ownership and you do NOT want to get into this. Ever
it’s a no.

I will have to dig out my deeds. What sort of thing should I be looking for?

Do not agree to this!

Our old neighbours did something similar and spent quite a bit of money to get the property connected to the main drain rather than use the existing septic tank, like most of us on the street were using. She thought the septic tank sounded gross. 😂

A large farming company also had their sewage going into this drain but they regularly blocked the drains with all sorts of crap (!!) being flushed down the drains. 🤦🏻‍♀️

Unfortunately for the neighbour, when the company drains got blocked, they caused the sewage to back up to my friends house and flood her garden with actual raw sewage…

I lived there for over ten years and never once had problems with the septic tank. 🤷🏻‍♀️

You can’t run surface water into fowl water drain any more. This is law since 1991, but was already part of building regs previous to that.
Historically older houses had this as standard, and if so you can continue. My own house has this to the rear extension that was build in 1960s so can continue. But no new drains, extensions or newer builds can combine since many years ago.
the issue is to do with processes sewage and the sheer volume of water form surface drains during peak flow periods (eg floods). It knackers sewage plants 😱

What a cheeky fucker, obvious no.

Easement rights - where you have burden and them the benefit. Or Riparian ownership.

but if that’s not how the water course for surface drainage runs now, it won’t be in your deeds anyway.

to run water through your land legally, she’ll need to enter into a legal agreement with you, pay for the privilege along with your legal fees. And just don’t do it , ever, you’re creating a massive burden on your deeds

they would also need full survey and justification to connect what is currently soaked away systems into a surface water drainage system owned by water company or anyone else for that matter (another Riparian land owner). Until all that survey work has been done to show there’s no other option, she shouldn’t even bother trying to persuade you. And even then you say no.

She can’t force you. And it’s a civil offence for her to discharge her surface water onto your land without legal consent. And just say no.

When you say they are starting work soon, exactly what do they mean? I think you need a written response of no before any work is started. They can't just decide that they are digging up you garden. If you were to say yes, foolishly, it would need approval from your morgage company, deeds amending, building control. Insurers probably need to know as well.
My answer would be a resounding no, especially as it would be a DIY job. How long will that take anyway?
Their issue with their inspection cover is not your problem,

We’ve recently dealt with our water company as we’ve had a small porch built near to drain water pipes. I think you will find any changes to pipes under garden needs to be approved by them and if approved they then change the plans with Land Registry.

So at the moment there is a combined surface and foul water drain that runs through the gardens of maybe 10 houses. I assume each house's pipes connect to the drain within their own property boundaries. I have 4 drain covers in the garden where various pipes connect to it, the neighbour didn't have any as they have been built on it the patio put over them. So their waste water already runs to the main drain and flows through to my land, my Easter then join the drain within my boundaries and it goes through into the next house's land and so on. Hopefully that makes sense!

I will have a look through my deeds later

They have said they will be starting work in a few days. Either laying a pipe through my garden if I say yes or constructing a new soakaway in theirs if I say no

Just say no then. Easy.
Do not let them do anything on your land