Private or Public Sewer and is an Easment Required for the Sewer Pipe to run over adjoining land?

[Jim Cameron]

I hope someone can advise that we project managed our own House during the Covid Lockdowns and went through the pain of rampant inflation on parts and materials - 200% plus. But we got there, but due to health issues need to move on and downsize - so my question is this.  The sewer pipe from us runs directly into an inspection chamber, which at that point is joined by a sewer line from our neighboring property. The line then leaves our land, crosses the Highway, and enters a Car Park owned by a Public House opposite us. I had verbal agreement to cross the land and connect to the main sewer, which we did, and we made everything good afterwards - we had permission of the Council for the roadworks and traffic control agreement from the Local Water Company to connect, and all was good, I thought. 

 

That was until the then landlord sold up and moved on, and the new owners are asking for a copy of an easement to cross their land, which we do not have, so do we need one, or is this now a public sewer and therefore an issue with the water company?

 

Thanks for any advice or help, gratefully received!

[Mr Punter]

Did you identify the pipe on the water company sewer plans?  If so, it would probably be a water company sewer and as your connection was made on your own land you would not need an easement.  You need to be very careful with ownership, rights and easements as it is easy to fall into various traps.

[Oz07]

Think they only adopt pipes every 10 years or so. 2013 seems to be a year I remember was that one?

This might be one you have to involve home legal insurance if new owners start getting funny. Did the previous landlord own the freehold?

[Susie]

Just trying to clarify.

The neighbouring property that joins at your chamber they didn’t have a connection to the sewer previously so it’s all the pipe run from your neighbour to chamber and through the car park is all new. 
sounds like an easement was required but as the neighbouring property also joined the sewer at the same time maybe they have the details as they needed an easement over your land as well as the pub land. 
when you applied for the connection you probably sent a lot of emails and was given a reference for the water board they will be able to find the details you submitted try giving them a ring. My water board tracked my initial contact by the reference even though 2 years later were still not connected. 
 

When you connected it automatically became a private sewer initially but you can pay for the water board to take over ownership that could be worth looking into they will probably check for easements.  Did the water board visit to check the connection to the sewer or was it all done by photos, don’t know if it will make a difference but the photos might date the connection and help with paperwork trails. 
 

[Temp]

I believe the water co is now responsible for "shared drains". In this case the bit from the inspection chamber to the main sewer and from the Inspection chamber to your neighbours fence.

 

However some sites like this one in Wales says this only applies to sewers connected before 1st July 2011..

 

https://www.ccw.org.uk/faq/who-is-responsible-for-my-drains-or-sewers/

 

[Temp]

ChatGPT says..

Quote

 

Transferred on 1 October 2011: The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 transferred ownership of most private sewers and lateral drains that were connected to the public system on or before 1 July 2011 to the relevant water and sewerage companies.

 

Post-1 July 2011 connections: Any drains or sewers constructed and connected after that cut-off date did not transfer automatically. These typically remain the responsibility of the property owner(s) unless they have been formally adopted by the water company through a process known as Section 104 adoption (under the Water Industry Act 1991).

So yes, unless they were formally adopted, shared drains built after 1 July 2011 are still the responsibility of those who use or own them.

 

 

So yes if you built during Covid they are still your responsibility unless adopted.

Edited 23 hours ago by Temp