Advice needed - neighbour’s pipe connected to our downpipe

[BRK]

Hi, I wonder if anyone can advise, please. 
Our neighbours built an extension less than 20y ago. When we bought the house we have noticed that there is some white pipe coming from their extension wall and connecting to our downpipe. 
In the house papers there is nothing mentioned about it. 
We have planning permission to build our extension now and our downpipe will be moved due to a wall going in there so we need to disconnect theirs. 
What is the best option to have it sorted out?

We plan to speak to the neighbours but when should we do it - before or after the party wall award is drafted? Is it party wall matter at all?

what are our rights if they say no to removal (can they?)?

[Faz]

I would have an early chat with them and find a decent mutual solution. You don't really want to get in a 'Get Off My Land' conversation if it is unnecessary and get everyone riled up.

 

Clearly it shouldn't be there but it is so, if an easy solution can be found, then everything is amicable.  

 

Had a similar issue on my current site - the neighbor's waste cut across my site and I ended up smashing it to bits when we dug the Plot 1 foundation (no-one knew it was there). Sorted it out and ended up using it as a lateral connection to the sewer saving us about £10k.

[BRK]

I don’t mind asking them but I want to know what my options are if they say no. Remove it? Live with it? And with 2nd option, if the pipe gets blocked or burst damaging our houses, whose responsibility it will be to fix the damage (their pipe but inside my wall)?

no one seems to give a decent answer (we tried council, a lawyer, party wall surveyors). 

Edited May 24, 2022 by BRK

[Adsibob]

I believe that what has happened is that when they built their extension, they didn’t plan properly what to do about drainage, and as an easy fix they plugged theirs into yours. That is technically a trespass, but it may be that if you (or a predecessor) allowed it to go on for 20 years, they acquired a right of way for their drainage over your land, known as an “easement”, in this case a prescriptive easement. This website explains it quite well: https://www.adams-harrison.co.uk/prescriptive-easements-what-are-they/

In particular, for that right to arise:

1) The use must have been exercised without force, secrecy and without permission.

 

2) The use must have been exercised continuously and without any interruption for at least 20 years. The 20 years use does not have be by the same owners.

 

It sounds like the 20 years have not elapsed yet, so I think you can, after all diplomatic attempts have failed, demand they disconnect from your pipe, or forcibly disconnect it for them. I don’t think it matters that you damage their property in doing that, as they shouldn’t have trespassed on your property, so as long as you give them sufficient notice, say a week, to sort it out, you can be a bit vigilante about it. Obviously try all diplomatic routes first, as you need to live next to these people after all.

 

[BRK]

Thank you 

[SteamyTea]

A drawing/pictures may be useful then a creative solution may magic itself up.

[BRK]

When we build the wall and add insulation l, there is no way we could keep the white pipe (neighbours’s) as it is. 
 

[joe90]

Nah, that’s got to go, should never have been done in the first place, be nice to your neighbour but it’s their problem to sort out, just give them plenty of time to find a solution.

[AliG]

Does that pipe go into a combined sewer?

 

If not then it shouldn't have waste pipes going not it.

 

Even if it does you shouldn't be doing that, but it wouldn't be breaking any regs.

[BRK]

They have their own down-pipe in the kitchen.