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Buachaill, Barrister
Category: Law
Satisfied Customers: 10530
Experience:  Barrister 17 years experience
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I have a septic tank in my back garden that is backing up because

Resolved Question:

I have a septic tank in my back garden that is backing up because there is either a problem in the outlet pipe or soakaway. I am not sure if there is a soaraway in the farmers field behind of wether it uses a drain in the farmers track to the left. I have had dyne rod in to do some investigation. Basically my neighbour on the other side is upset because I objected to a planning application that he had to extend the footprint of his house by 172%. He rents the track and field and is saying as he rents it is his and he is not letting allowing me to do any work on his land. The farmer that owns it is ok about it but he is not. Therefore dyne rod could not do their job. i know have to go from my tank with cameras to find out the problem. If it turns out that work needs doing on the farmers land to the drain that I use etc can the person renting it deny me access. As far as i know the house has used this for many years before i owned it - thanks
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Under the Access to Neighbouring Land Act, 1992, you can get access to this track and field if it is a to carry out works to your property, such as repairing the backup in your pipe. The procedure is that you serve notice of the intended works upon both the landlord who owns the land and this farmer who is renting the land and if either objects, you can go to court to force access. Where there are necessary works to be carried out, a court never denies access. So, ultimately, you will get access to do the works. However, it appears the consent from this tenant farmer will not be immediately forthcoming. However, if you persevere, you will get the works done, as there is a statutory right to do so. However, you should get a solicitor to write to this tenant farmer at the outset, setting out the legal position, as there is already trouble as things stand. I would involve a solicitor from the outset, given the prior history between you.
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Customer: replied 1 year ago.

Thank you very much for your answer. Sorry if I wasn't clear, the farmer owns the land and has no problem but a neighbour rents the track and on that track there is a chamber/drain so the pipe from my garden, we think, goes under the track and into this chamber /drain. The work that may end up being required may be work on the pipes and chamber on the farmers track rather than just access to the pipe on my land. Do I have a right to repair the bits on the famers land/track if it is causing my septic tank to overflow?

Expert:  Buachaill replied 1 year ago.
2. Yes, you have a right to repair the bits on the farmer's land/track if it is causing your septic tank to overflow, but you must first seek their consent as I outlined earlier. In default of consent, you seek the permission of the court.
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