I will try to help you with this.
What happened to the original soak away?
Why has the problem take 2 years to manifest itself?
If there is no mention of the soak away in the deeds, how are you aware of it? As much background detail as possible is really useful. Thank you
I’m not certain what you mean when you talk about separating the soakaways (which was refused), before your extension was built. At that stage, you were at liberty to simply put your own soak away in regardless. Why did you not just do that?
So is the situation now that you always enjoyed the use of the soak away in the neighbours garden which the neighbour has now got rid of to build his extension, and he has put a soak away in which is connected to your drains but simply not adequate?
Just one other question. I appreciate the neighbour didn’t want to change anything but it would simply have been a case of disconnecting putting your own in. The neighbour wouldn’t have had anything to do with that. And therefore wondering why you didn’t just do that when you asked the question because what you would have had to do then is the same as you are having to do now apart from the fact that you are going to have to do disturb some of the work you already have in place.
I appreciate what you’re saying.
I’m putting my judges hat on.
What I’m asking is why, when you’re asked to separate the soak away, you simply didn’t put your own in before you did the work.
All you would have needed to do would be to disconnect from the neighbours and put it into your own. You seem to have asked to do that (which you didn’t need to do) but then not done it. If this was in court, the judge would want to know why.
Meanwhile, the legal situation is that you have an easement did discharge water into the neighbours soak away. If the soak away used to be large enough and now it is not large enough, then he has been negligent in putting in a smaller one.
If as a result of that negligence you suffer nuisance or inconvenience or loss, then you are entitled to compensation in respect of that which in this case would probably include the cost of a new soak away either on your own property (if you are agreeable) or other drainage or making him install a larger one.
At this stage, a solicitors letter explaining the above would be the first step because it seems unlikely that the neighbour is going to simply install a larger soak away without the threat of some legal action and even then, he may decide that he wants to go to court to defend this for some reason.
Can I clarify anything for you?
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The thread remains open.