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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10592
Experience:  Barrister 17 years experience
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I have a main sewage manhole on my property and the pipe

Customer Question

I have a main sewage manhole on my property and the pipe gets blocked and it always overflows into my garden first and has done for years now. I would like to know where I stand with this as thames water are not interested they have said the pipe is black bitumen so they can't flush it property as it will damage the pipe. The problem I have is at least once a year I have my garden full of sewage, but in the parts it can be up to three times a year. Please can you advise if I have a legal case with this please as I also have a granddaughter that can not play in my garden for health reasons.
Many thanks Gary
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear *****, you have a case in nuisance and statutory nuisance against Thames as this sewage escaping seriously damages the amenity of your property. Accordingly, I would advise you to see a solicitor who can issue legal proceedings for you against Thames Water to have the pipe changed so it can be flushed and the nuisance prevented.

Expert:  Buachaill replied 11 months ago.

2. In law, it is both a nuisance and a Statutory nuisance to have your garden full of sewage up to three times a year. As a Statutory undertaker, Thames Water owes you a duty not to damage the amenity of your land and to keep it safe for persons to use it, such as your granddaughter. So, you can sue for an injunction and damages to seek to get Thames Water to remedy the situation.

Expert:  Buachaill replied 11 months ago.

3. A court will impose an injunction upon Thames Water compelling them to remedy the situation and to either repair the pipe or insert a new one. However, you will need to issue legal proceedings to get a court to compel Thames Water to remedy the situation you are in.

Expert:  Buachaill replied 11 months ago.

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