Neighbour digging up my driveway

[SingingToMySeeds]

The vacant plot across from my house and was recently sold and today the new owner came to introduce themselves. They also wanted to ask permission to dig up my driveway to get sewer access. My driveway is a long gravel one full of weeds which I hate! They were vaguely offering to compensate us for our trouble with some extra gravel and a new heavy duty weed membrane. They seemed to think the work would be one day of disturbance. Any pitfalls I should be aware of in the arrangement?

Get it in writing, how long it will take, start date and end date, what happens if it overruns. Detail / specification of the work. Who will do the work and what warranty if it sinks, or requires further rectification. How deep it will be, you may want a skip lorry one day and you dont want to be responsible if his sewer pipe collapses...
Maybe get a surveyor (at his cost) to investigate the proposed task.

Does he want to drain into your sewer?

I've be very wary. What happens if the pipe gets damaged? Who repairs when it's on your land and not theirs but it's their waste?

What alternatives are there that don't involve your property?

I'd say no. Once they are connected to your sewerage pipes, they have reasonable acess rights...

Absolutely 100% no without a proper agreement.

Millions of potential pitfalls, do not progress without proper legal agreement and your own surveyor - which would be paid for by them.

Saying yes without a legal agreement would be very foolish.

I'd be getting the people with authority in me like before agreeing to anything why does he want access to your sewer system. Surely it's got one of its own.

I would be really, really wary of this - we're having a bit of a nightmare with next door's builders at the moment and on the basis of what I know now I'd say be very careful. What does 'get sewer access' mean? What happens if they cause any damage that shows up now or in the future? You can get something in writing, but there's no guarantee this will actually mean anything - and you could have months/years of wrangling over it.

I'd speak to your insurer and/or a solicitor to find where you stand and then appoint who you need to appoint (at their cost).

Don't do anything with mere verbal agreement!!!!

Worth checking your missives - often there are legal requirements to enable this kind of access.

Access Agreement - think that's what is needed. Also potentially Party Wall Agreement for work on their side.

If accessing drains, they need to involve the water company.

The new neighbour sounds very dodgy. Say no until all is legally agreed.

You at least want
a schedule of works (plan, time scales, management of disruption etc)
full knowledge of who is carrying out the work
What their insurance is public liability & professional indemnity -sight of the certificates. In case of problems they cause that you have to get remedied afterwards.
A specific agreement on the final condition and assistance you can expect before you agree it is 'finished'

Just off the top of my head

Only the water company connects to the sewer so get all the documentation

Ah, thank you, thank you all! Lots here I hadn't thought about I really appreciate you all posting.

There is definitely no sewer access in the vacant plot - it was previously just a field, nothing has been built there before. Main sewer line runs under the properties on my side of the street. I live in a very rural area (no mains gas here for example!)

Attached is a picture they just sent me.

Actual picture, did the wrong one in the last post

Check what planning permission has been granted
Why can't he go via the plot that looks almost empty next to you?

Honestly you can probably haggle here they are a bit screwed without your agreement

I’d be pleasant but I wouldn’t want another gravel drive
I’d want resin and I’d have all the specifications in the contract and ensure they cover all fees

Has the plot definitely got planning permission? If so I’d check what it says - these things are usually agreed at that stage rather than relying on neighbours allowing access to sewer pipes via their property.

Proceed. Cautiously. Why can’t he joint the drains that are to the right of his plot ie run it across his own land.

This! There needs to be consent from the utility company also. Give them a call and check it out.
Also ring your local authority building control department.
Be very wary of whats going on here. Don't agree to anything until you are a hundred per cent sure of everything.

I would expect the request to come from the utility company, rather than the owner of the property.

From your drawing, is that a road between their property and yours?

They are really planning to dig up the highway?

Why not connect to the next door neighbours on their own side of the road?

In any event, if you do agree to allow this then you should be seeking adequate compensation. You can pretty much name your own figure. Certainly in the thousands rather than the hundreds.

The money would be in addition to making good your property after the work has been completed and also covering your legal fees.

If you do decide to allow this to happen you really must do it through a solicitor because you will also need to draw up an easement to allow them to use the drain. This will then be added to your deeds.

This is not a simple thing which is done with just a handshake. You need a proper legal agreement and you should be looking at charging him four figures.

I don't know much about sewage.

But things I would think looking at that plan is :

i) Why your drive and not the plot with one tiny building on next to it.

ii) That plot looks big, more than one house ? If so will the pipe be able to handle it

iii) If the join is in your back garden will there be a manhole ? If the drain blocks up will it be most likely to block at the join and if it does so what does that mean for your garden.

Wow, you would think he’d have thought about permission from you before he bought the plot. My initial response to a total stranger digging up my land for a sewer would be no.

They need to go direct to the water company. He'd be better off with a sewage treatment plant.

I'd suggest they get a septic tank built on their own property to deal with their own sewage.