Waste pipe in Alleyway

[MattHe]

Good evening.

 

I am looking to add a porch at the front of my house. The waste is in my back garden, roughly 1m from the rear of my house.

 

My plan is to install a 110mm drain through the alleyway into the garden and connect this to me existing drain.

 

My issue is, my neighbour... they are being funny because they are selling. I work in groundwork as my business, and don't do waste but install fresh water pipes day in, day out. They have now said we can't dig up.thr alleyway without an easement.

 

I have looked at my deeds and it's my alleyway, but they have rights of access for their garden. 

 

My question is, can I dig this up over a weekend and backfill and reinstate it so they have access back without any issue or concern about legal action? Or do I need an easement, which will cost me £400-£500 and they move out anyway. They have been great neighbours and are not living there at the moment, so it's difficult to understand why they are being difficult now.

 

I would love to resolve this and get it done ASAP as we have been saving for a porch for a while now.

 

Any advice would be great.

 

Thank you

 

[Roundtuit]

Assuming this is just rain water off a relatively small area, is a soakaway a less expensive option?  If not, then I'd say your proposal sounds reasonable; give them notice and just do it.

[elite]

I'd check both their deeds and yours. What are their access rights, can these be maintained while work is carried out?

 

As Roudtuit says I'd agree it is reasonable, give notice and do it. It sounds like it will be complete quickly and they are unlikely to want a dispute with a neighbour if they are in the process of selling

[MattHe]

Thanks both. 

 

I have checked both deeds. Mine has it showing we own the alleyway, theirs has no outline over the alleyway but access rights must exists as we both use it to access back garden, and for bins, etc.

 

The job was suppose to happen today, but I cancelled it. 

 

Its going to be a dig and install one day and backfill and reinstate the day after. Access to be maintained the whole time and they do not live there at the moment as split up and selling. 

 

This is what I am thinking, just do it and then see what happens. 

 

Its for a full waste pipe, not a soak away. Im putting a toilet in the porch, so need a full 110mm drain pipe installed but it's a relatively quick job as im used to digging. 

 

Thanks again.

[Spinny]

9 hours ago, MattHe said:

My issue is, my neighbour... they are being funny because they are selling.

Isn't that just natural ? Wouldn't you think likewise if you were in their shoes ? I expect they don't want the sale process impacted by having building work going on which might well deter buyers - perhaps not just the drainage pipe work, but also the porch construction too.

 

If they are splitting up then I expect the price achieved for the sale and the speed of the sale are sensitive subjects for them. And if access to their rear is via the passageway then presumably people viewing the property would use it.

 

Often after trenching work the reinstatement doesn't look that good - just a strip of concrete or tarmac patch work. Has happened to me with a water pipe replacement.

 

Maybe discuss the timing of your work, the duration, the quality of the finish when you reinstate etc. with them. Could you build the porch next year instead, or later in the summer ?

 

I am sure you just want to get on with it, but we are all people on the same planet, hopefully looking out for each other too.

[MattHe]

Thanks spinny for your reply.

 

I completely get it from their point of view. 

 

We have been waiting to build this porch for over a year, and are now ready. We have finally found someone to build it and works were booked in. 

 

I own a business and we install water supplies, and work in the public, our reinstatement works are spot on and we guarantee our reinstatement, so I know it's brilliant. I have no doubts its better than some of the trenching that the previous neighbour done in that alley. If anything it will tidy it up 😀.

 

I appreciate the comments, and we are not trying to be difficult with them. Its a stressful.time and I get it but at the same time, it's not fair to pause my life for potentially 6 months or so, just because they are selling. I need to do my fence too, which I want to get on with but that might have to wait.

 

Thanks 😊 

[MattHe]

Also. On the other point. It's access to the garden but they can still get there through the house, it's not the only access.

 

The property isn't for sale yet, be in the next week or so, by which time the works will be completed. 

[Spinny]

OK that's good. Best thing would seem to be to talk. Once people explain why they are not happy then there must be a lot of possible compromises. Emotions run high during break ups maybe you just caught them at a bad moment before. Maybe suggest a chat over a coffee or something. 

- You could agree to get it done now before the listing goes up, or wait for 2 weeks, or pay towards new agent photos showing the new passageway finish, or explain how it will look better and how quickly you can do it.

- You could explain the porch building start date and that you will ask the builder to avoid noise and dust generation during viewings, and avoiding a building site mess. You could agree to clean the neighbours windows if dust is kicked up.

- They could explain the likely sale process e.g. open day etc They could have you and the agent swap numbers so you can speak regarding viewings and any concerns etc.

- You could agree to keep the lawn and the hedge cut

 

are you going to be building up against the alleyway ?

 

I think always better to speak first, even if you have to explain why there is nothing you can do about the timing, and to apologise. Just doing stuff without speaking when there has already been concerns expressed is I think provocative and undermines trust and the potential to agree some give and take.

[MattHe]

I agree. We have tried to make contact and discuss it. We will keep trying. Thank you