Sewer on Neighbours Land - Charge to Connect

[NewToAllOfThis]

Hi All,

 

Originally it was thought that the sewer was at the edge of the Road but it has now been found that the Sewer pipework and all connections run within Neighbours Front Gardens.

 

The Sewer and all pipes are owned by Anglian Water.

 

It is around 1 Metre on to their land and they have a gravel drive and no wall but they are saying that as the sewer is on their land they are demanding a fee of £1000 plus all costs to restore their garden and driveway to connect to the sewer.

 

Is this legal and if it is can they ask for any fee to connect or is there any set amounts that neighbours can ask for.

[Temp]

I believe the water co has powers to connect to it but there might still be a cost.. 

 

https://www.southwestwater.co.uk/developer-services/sewer-services-and-connections/sewer-requisition/

 

"If you have a new development site with no access to a public sewer because land owned by a 3rd party is in the way, we can lay a sewer(s) to serve your site.

We’ll agree land entry, easements and compensation for crossing the land.

Sewers can normally only be requisitioned for domestic purposes, either to serve a new development or as a 1st time service to existing properties. The requisitioned sewer would be built by us as a public sewer (serving more than one property) or as a lateral drain (serving only one property)

To requisition the sewer, the developer must have been granted full planning permission for the proposed development."

 

Edited July 1, 2020 by Temp

[joe90]

@NewToAllOfThis A sketch may help get a handle on this.

[Temp]

AW. say..

 

https://www.anglianwater.co.uk/developers/drainage-services/requisition-of-a-public-sewer/

 

It looks like the developer (you) can requisition the sewer or they can..

 

Requisition of a public sewer

If your site has no means of drainage to an existing public sewer due to third party land, you can requisition (formally request) a new public sewer. This means we can provide both foul and surface water sewers to serve the site.

Apply to formally request a public sewer or public lateral drain

 

The 'Developer delivered requisition of sewer or public lateral drain' application form which is on our online portal InFlow, should be used to requisition a new public sewer or public lateral drain under Section 98 of the Water Industry Act 1991 and the Water Act 2003 where you propose to design and construct the works under Section 30 of the Anglian Water Authority Act 1977.

 

If this is not the case and you require Anglian Water to deliver the scheme, please contact our Growth Liaison team or the Drainage Team before completing the form."

 

Tempting to let them deal with it if the neighbour is being awkward but that might not be the cheapest route.

 

If its on their land some sort of easement would be needed and thats going to involve solicitors etc so no route will be cheap. 

 

 

[nod]

If they are going to be your new neighbors it’s not worth upsetting them at this stage 

A £1000 isn’t a fortune in the grand scheme of things 

So your neighbors may make a couple of quid out of you 

Let them have this little victory 

 

If you get the water authorities involved they will probably offer your neighbor  some compensation 

[Pete]

We had to pay £3000 gain access into the farmer's field for our drains, this included all legal fees for both parties

[gc100]

I think £1000 is a fair price myself. Paying to 2 people for a couple of days plus materials 

[Ferdinand]

I think the situation here is essentially a ransom strip - unless there is an alternative you need to buy access in a supplier market of  one. You are really in that position due to whoever did the initial evaluation making a mistake by not knowing where it was.

 

Law on a ransom strip is that the cost can be up to 1/3  of the uplift in value which results. In practice that would be capped to the value of your Plan  B alternative whatever that is,

 

Here Plan B will perhaps be a treatment plant, or persuading the undertaker to use their powers to enforce access. Perhaps you have considered both options?

 

So £1000 for access is perhaps quite reasonable. I think they have picked  a reasonable sounding number, rather than take advice. Presumably any outside fees, works and restoration of their driveway are on top, and yyou are taking on future  liability? 

 

I think I would understand your neighbour forcing you down plan B rather than take any potential future aggro, and I think perhaps they are being notably kind. Personally I might want you to get the water company to do it, as that would to some extent guaranttee a level of workanship.

 

Ferdinand

 

Edited July 2, 2020 by Ferdinand

[ToughButterCup]

As is so often the case @Ferdinand is exactly correct.  Why do I say that?  He describes what happened to us. He even got the price right. £1000.

[dpmiller]

Does the neighbour actually *own* the land? Can you check whether the properties are freehold or leasehold?

[Mr Punter]

Yes it is legal for them to request this and it is pretty good value.  I would just agree to this in writing.  Sewer requisition is very expensive.

 

We had a neighbour that wanted to connect into a sewer on our land.  We refused as it may have hindered future development for us.  In the end they had to excavate in the road for 80 metres and connect further down.

Edited July 2, 2020 by Mr Punter
Because my post did not answer the question