Hello. I am a solicitor with over 15 years experience and I will try to help you with this.
My initial reaction is that it is not your responsibility to maintain this underground pipe. It will be the responsibility of the relevant highway authority. They presumably have a right (possibly in the form of an easement or other right of usage) to have drainage across your land and with that would come the duty to maintain the drain.
the highways department of the local council say it is my responsibility but I cant see how this is the case.
Have you asked them to justify this? Also what did you solicitor say when you bought the property? He should certainly have been aware of this right of usage across your land and raised enquiries about who was responsible for maintaining it.
They just told me it was the law. not mentioned by solicitor.
Is it leaking or in some form of disrepair?
There is a question over this?
Ie it might be?
had a sewerage flood 8 weeks ago(sewer blocked next door), seepage into my kitchen and utility room, seemed to come from underground. water board taking responsibility for flood outside but say it wasnt sewerage inside. They say it was from the highway storm drain and also council agree but say it is my responsibility. it has been surveyed by a camera. I asked the camera man if it was leaking he said no. have asked for reports but still waiting. however i still need to know for future.
I have found a law act that says they can place pipe thorugh my garden and I cannot alter or block this pipe. however, i cannot find the law that says who should maintain it hence this question.
The legal position is that you are responsible for drains on your property form your house etc into the sewerage system. As far as the highway storm drain is concerned I think the position could well vary from place to place. There is a good argument that it is part of the highway and therefore the highway authority's responsibility. Your solicitor should have advised you of this and if there was nothing about it in in his advice to you when you purchased the property there should have been. I am not sure if you were unaware of the drain when you purchased or just unaware of who was responsible for the maintenance of it.
yes I knew my responsibility regarding my drains to sewerage. i agree that there is a good argument that i shouldnt be responsible for highway drains. are you saying there is no law to confirm this. the house was my parents prior to mine so it has been in the family for 45 years, i was aware of drain but didnt think anything of it.
I have also seen a law that says that a ditch is the responsibility of the land owner but if the council has piped it then it becomes their responsibility. i know not quite the same scenario but this is a council pipe.
what I need is to see a law that says who is responsible for this, otherwise I am still left in the same position. there seems to be a law that covers all other scenarios. i have also looked at the 2011 law stating the transfer of some sewerage pipes to water authority but this does not cover highway drains.
Ok I am going into court now. I will have a look at this later today and answer you then.
ok is this sent by e.mail or do i access it here?
Can you tell me if you are able to answer my query please?