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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11693
Experience:  30 years experience in property law.
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I own a flat in Scotland above a shop the shop has an extension

Customer Question

I own a flat in Scotland above a shop the shop has an extension my main drain exits the flat goes down the wall enters the extension and under the floor of the extension the pipe has collapsed under the extension floor who is liable for cost of repair
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
To get a definitive answer to this question you will probably have to look at the title deeds to the property as liability for repair and maintenance of pipes and drains etc will be governed by the title deeds.

However, I can tell you that the usual scenario is that if the pipe serves only your property then you are responsible for the repair. You will have a right of access to do so and will have to reinstate any damage sustained by the downstairs property.

On the other hand if the pipe serves both properties the liability is joint.

Happy to discuss further.
Customer: replied 3 years ago.

Would this apply even though the extension was built many years after our pipes were laid? The extension is at ground level only and has nothing to do with our property. Surely, planning permission for this extension should have allowed for access to the pipes or a re=routing of the pipes at the time?

Expert:  JGM replied 3 years ago.
One would hope that that would be the case but it doesn't always happen. Can you get access to the planning permission and building warrant from the council? From what you say the pipes weren't moved. If they ought to have been then there may be comeback against the downstairs owner if they built the extension. If the extension was built by an earlier proprietor then you have to work out a solution and the only thing that may help are the conditions of title.