How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

We own a property which forms part of a converted public school

Resolved Question:

We own a property which forms part of a converted public school and have an issue with drainage. We have unearthed a drain that does not flow into the communal septic tank at the bottom of our neighbours garden at the other end of the building. We want to install a kitchen on our lower ground floor without having to install a pump system back into the main drain in the inner court yard. In order to connect a drain pipe to the septic tank, I need permission from the four flat owners to cross there garden? I have offered each flat owner £300 to In order for permission to dig a channel across there lawn and backfill which our builder has assured would be done and complete within three days. Our drains go into a private septic tank which is owned by and repaired by all the property owners within the building 16 in all. I wondered if there is any land law that allows us rights of passage to access the septic tank? Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what I understand you want to install a kitchen and in order to make use of the existing drainage pipes you would need to install pumps and would therefore prefer to lay a new pipe across a neighbouring lawn. Could you kindly confirm I have understood this correctly please?

Customer: Yes you have understood my question. Thank you
Joshua :

Many thanks...

Joshua :

The first step is to consult your title entries. Assuming your property is registered at H M Land Registry you can obtain these online if necessary. http://www.landregistry.gov.uk/public/property-ownership

Joshua :

Your goal is to check the title to see if you have any pertinent rights to drain over the neighbours land. Such rights if they exist will be evident in the A register (Property Register) on the title. Normally you would expect to see rights of drainage to deal with existing pipes. It is less usual to see rights to lay pipes but they can exist.

Joshua :

What you are looking for is the right to lay conduits and pipes over the neighbours land. As above do not expect to see this as it is not usual for such rights to be included unless land is being sold for development but if such a right is there then it can be enforced.

Joshua :

If there is no such right which is unfortunately the most likely scenario then you are faced with negotiating a new drainage easement with the neighbours. You would need to have agreement from any neighbour that has rights to enjoy the garden and also the freeholder of the block of flats. If such persons will agree then a deed of easement can be prepared and signed and then registered on your and their titles. This will give you a right to lay the pipe and drain under their garden.

Joshua :

This is largely only as complicated and expensive as the parties involved choose to make it. Potentially all parties could insist on independent legal advice as well as a premium which could potentially make the exercise very costly. Alternatively they may be very willing to agree and sign without a premium (or minimal premium) and without legal advice in which case you would only need to bear in mind the cost of your own solicitor and registration fees at the Land Registry which would likely be a few hundred pounds in total.

Joshua :

There are no laws which enable you to enforce a right to drain over their land. There are statutory rights which enable water companies to lay pipes without landowners consent where necessary subject to payment for damage caused and so you may be able to have a pipe laid by a water company if they will not agree but this can only be done where it is necessary and if there is an alternative drainage system already in place the water company may not be able to help. You can ascertain by contacting them if you have not already done so.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions