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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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My surface water drain runs at an angle to a inspection chamber

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My surface water drain runs at an angle to a inspection chamber on my neighbours front garden. He has recently block paved the front garden. I now wish to access my pipe and realign it to better serve my requirements. I plan to put in a new pipe from a new inspection chamber on my land to join my old pipe on his land. I would need to excavate a slot 6 inches wide and 6 feet long on his property. As a building site manager for many years I know how to do the work properly, and would be prepared to give him a written guarantee. Where do I stand, I have to have this work done as I am block paving my front garden too.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Here you need a wayleave over your neighbour´s land to complete this work. If this is an existing storm drain then you are entitled to a wayleave as of right to connect up with the storm drain. However, you will have to pay for the reinstatement of any damage done to your neighbour´s land including replacing his block paving if you need to remove this to create the wayleave. As regards ***** ***** of the guarantee, I would suggest that you agree that your neighbour gets his old contractor back to carry out any alterations or reinstement which might occur on his land. In this way, he will still get the benefit of his guarantee as the work will have been completed by the same contractor.
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