Septic tank drains across neighbours land....blocked

[PhotoF8]

Hi,
I have read lots of the threads about the new rules but we have a legal quandary I think. Our tank dates from 1965 and the out flow we have recently discovered goes into our neighbours garden. When their system was being updated to a treatment plant the contractors found that our outflow joins into our neighbours which then went 50 mts down his land to a ditch. He has had the treatment plant installed and a new water pipe run to a large soak away adjacent to the ditch. So far so good.....

We have made an insurance claim as our original drain doesn't work and we had a camera down there yesterday and he found lots of root ingress and [he is sure] where the two pipes joined it is completely blocked by what appears to clay. The join is about 8 metres in his garden. I dont know what has happened here but the contractors who did the neighbours plant admitted to me that they had broken through the original pipe [ 4" salt glaze] but repaired it. Also that there was a lot of root ingress down the pipe run.

Our guy who was instructed by the insurance company will now do a report and he is not sure what will happen next but thinks the insurance will want a hole dug in the neighbours to find out the cause of the blockage. We get on well with our neighbours and I have kept them updated on everything and they are happy to cooperate. However what is the legal situation? Firstly do we acquire an easement on the drain in our neighbours garden and if so whose responsibility is it to repair? I really dont want to fall out with our nice neighbours! Secondly can the insurance company just repair the blockage to a system which is now illegal or if our claim is successful would they have to install a treatment plant?

Grateful for any thoughts or experiences!

 

[vantage]

If your tank is now illegal I cannot see a reason to carry on with your action as you will have to change it and I doubt whether the insurance will pay out.

 

[PhotoF8]

My thinking was that we were covered as it would be accidental damage....we will see what the insurance company say!

 

[Matt]

Who are you looking to claim against?
Surely the most straight forward way is you pay for a digger and man ti expose where it joins and make good.
But end of the day does your system meet present regs? if not you could be exposing yourself to more then just the cost of updating your system.

 

[PhotoF8]

Hi Matt, Its in the thread....I realise our system is now illegal and will need upgrading, the issue is will the insurance company pay as it is damaged [probably by recent contractors] or is it a joint remedy or is it my neighbours [insurance] responsibility? I know i have to change and there is no point in repairing the existing outlet in his garden.

 

[Exfarmer]

Insurance would not normally pay for an upgrade, so very much doubt the will pay anything but the damage to the pipe and repair costs, which I suspect they would then try to recover from the guy who did the work
I strongly suspect , you have an easement over your neighbours and they cannot stop the work, however if it was me I would try andd put the new plant in without crossing them.

 

[PhotoF8]

Hi Ex farmer, I have no intention of upsetting the neighbours, they have said we can use their drainage system for our proposed new treatment plant! Interestingly their insurance paid for their new system when it failed through root ingress....

 

[Barleycorn]

Shame you hadn't talked to them when they installed the plant and gone halves.

 

[Still Farming]

Neighbours sewerage leaks over our fields for years?
If their at top of hill and your bottom sod law

 

[startinghandle]

There is a matter of urgency about this as winter is coming and you need to get it sorted before the ground gets wet