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INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Is my next door neighbour responsible for the upkeep of the septic tank and soakaway

Customer Question

The house is an old farm house now private but the septic tank and soakaway are in a neighbouring field. Despite getting the tank emptied I am still being flooded by raw sewage and horrific smell. I wish to know who is responsible for the upkeep of the soakaway etc. On my deeds the dotted line is graphed to show that all was agreed when the land and house were separated about 1984. I have been having some trouble with the farmer and he is now very unapproachable. PLease help if you can. I just want to get this thing sorted. The water board say that it is likely that the soakaway is blocked but as its a private house they are unable to help. I am now at my wits end. Please please answer urgently. Thank you in advance
Kate
Submitted: 6 years ago.
Category: UK Law
Customer: replied 6 years ago.
Thank you for trying to help me. On the deeds it is stated that the title to the **acres or thereabout of land herein has been transferred to Folio **
The residue of the land ( which is my home) now contains ** of an acre.
There is appurtenant to the land herein for the owners and occupiers for the time being thereof and all other persons lawfully authorised the full right liberty and authority to use the manhole on the land folio ** ( neighbours farm) lettered A on the registery map serving the land herein and to use the septic tank on the landin Folio ** (ie neighbours)letterd T on the said map seving the land herein and to use the sewage and effulent discharge pipes on the land folio **( neighbours)along the route shown by the blue pecked lineon the said map for the purpose of conveying sewage and effulent to and from the said manhole and septic tank and to inspect and clean out the said manhole and tank and to maintain repair reconstruct and relay the said pipes as occasion shall require and generally to do what may be necessary or convenient for obtaining the benefit of the said rights and for all purpose as aforesaid to enter the land folio**( neighbours) with or without workmen.
This is how it is stated on the deeds but I am unsure where I stand as the soakaway is underneth his land and he has animals on the land. I feel that if I could organise works to repair for which I am unable to afford the same thing will happen again.
Expert:  INC replied 6 years ago.

Hi Kate,

 

I can try to help with this.

 

It all depends what it says in the title deeds to the property and any adjoining properties. The other question is the positioning and location of the soakaway.

 

 

Without having sight of the deeds and plans, It would be impossible to provide you with any detailed advice.

 

Kind regards,

INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 4 other UK Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for trying to help me. On the deeds it is stated that the title to the **acres or thereabout of land herein has been transferred to Folio **
The residue of the land ( which is my home) now contains ** of an acre.
There is appurtenant to the land herein for the owners and occupiers for the time being thereof and all other persons lawfully authorised the full right liberty and authority to use the manhole on the land folio ** ( neighbours farm) lettered A on the registery map serving the land herein and to use the septic tank on the landin Folio ** (ie neighbours)letterd T on the said map seving the land herein and to use the sewage and effulent discharge pipes on the land folio **( neighbours)along the route shown by the blue pecked lineon the said map for the purpose of conveying sewage and effulent to and from the said manhole and septic tank and to inspect and clean out the said manhole and tank and to maintain repair reconstruct and relay the said pipes as occasion shall require and generally to do what may be necessary or convenient for obtaining the benefit of the said rights and for all purpose as aforesaid to enter the land folio**( neighbours) with or without workmen.
This is how it is stated on the deeds but I am unsure where I stand as the soakaway is underneth his land and he has animals on the land. I feel that if I could organise works to repair for which I am unable to afford the same thing will happen again. Customer(Online)
Expert:  INC replied 6 years ago.
Hi Kate,

The wording you have provided is fairly ambiguous. I am taking the manhole to mean soakaway. The covenant above states: "

to use the sewage and effulent discharge pipes on the land.. along the route shown by the blue pecked lineon the said map for the purpose of conveying sewage and effulent to and from the said manhole and septic tank and to inspect and clean out the said manhole and tank and to maintain repair reconstruct and relay the said pipes as occasion" This means that you have the right to use the soakaway and septing tank and the pipes leading to and from, delineated by the marking on the plan for the purposes of carrying sewage.

You also have the right to access the soakaway and septic tank for the purpose if maintenance and repair.

I hope this helps.

Kind regards

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