Potential legal issue regarding shared soakaway

[dogfonos]

I'd appreciate guidance or opinions on this (potential) problem...

When we had building work carried out on our property recently, we were surprised to discover that one neighbouring property shared a rainwater soakaway with us. This shared soakaway was in the rear garden of our property and wholly on our land. When notified of the discovery, the council's buildings control surveyor decreed that the neighbouring property should continue to use the soakaway on our land. This original shared soakaway was filled in, built over and the rainwater drains from both properties directed to a new shared soakaway that had already been prepared further down our garden.

The potential problem is this: the neighbouring property is about to be sold. Every new occupier of properties in the road always extend the property in some way, either before or not long after, moving in. The shared soakaway was sized for our property only yet currently has almost twice the amount of rainwater directed to it. No problems so far but should the neighbouring property increase their roof area (as I believe likely), then even more rainwater could be directed to the shared soakaway and I'm concerned our garden could flood.

Are there any legal steps I can take, either now or when the inevitable neighbouring development begins, to avoid increased rainwater being directed to an already overloaded soakaway? Thanks in anticipation.

 

[^woody^]

As you are describing hypothetical situation, have you considered an equally likely scenario where by you win the lottery and move to a nice semi with the luxury of independent drains joined to the public sewer?

 

[dogfonos]

As you are describing hypothetical situation...

Unfortunately, it will happen. I'm trying to preempt any problems as, having read up about shared soakaways, I understand it's a legally awkward area which would require some time to sort. I could cross my fingers, stroke my lucky rabbits foot etc but I really want to start giving the issue consideration now. Would have have been a good thing if David Cameron had given consideration to both possible outcomes of the EU membership referendum.

have you considered an equally likely scenario where by you win the lottery...

I wish.

 

[Nozzle]

Where does the rain go that falls on the current SPACE where you assume new neighbours might build?

Nozzle

 

[^woody^]

In simple terms when you know that the neighbour is building something, you advise them of the soak away situation.

BTW, no council building control officer can decree anything relating to neighbouring property. This comes under completely separate land and property law and is outside the remit of building control.

Keep the faith regarding the lottery win.

 

[garyo]

Having done a few full plans submissions where I need to demonstrate (and have inspected) adequate soakaway provision, if I said to the bco 'its all going under the fence through this mystery pipe to a presumed soakaway of presumed unknown size' I can imaging getting raised eyebrows in response.

So how will that work from the neighbours point of view?

 

[Notch7]

Unfortunately drainage in older properties is pretty haphazard.

I often come across grey water going into hoppers that end up in a soakaway. Soakaways can be anywhere in the garden and next door!

I also come across downpipes that go into the ground 2" and stop.

 

[dogfonos]

Where does the rain go that falls on the current SPACE where you assume new neighbours might build?
Nozzle

Onto the neighbour's rear garden lawn.

BTW, no council building control officer can decree anything relating to neighbouring property. This comes under completely separate land and property law and is outside the remit of building control.

Interesting, I didn't know that. I never got to speak to the BCO during his several visits to site. He spoke with the builders who informed me that the BCO directed them to maintain the neighbour's link to the soakaway on my land. Whilst I thought that reasonable, I knew (as would the BCO) that the soakaway was sized for our property only. Will be interesting to see how the shared soakaway copes when we have a really wet spell. Worst case, we have to extend the soakaway - an expense I can do without but shouldn't prove too difficult. However, should/when the neighbours extend their property, I'd be uncomfortable having more than double the rainwater it was designed for being directed to the soakaway on my land.

I read a couple of cases where the property/land owners of a shared soakaway gave notice to remove the neighbour's soakaway access but were not legally successful and therefore needed to maintain the access.

Having done a few full plans submissions where I need to demonstrate (and have inspected) adequate soakaway provision, if I said to the bco 'its all going under the fence through this mystery pipe to a presumed soakaway of presumed unknown size' I can imaging getting raised eyebrows in response.
So how will that work from the neighbours point of view?

I may have misunderstood your post but my answer is...the council's planning department have my building plans so can tell the neighbour's 'representatives' exactly where the rainwater from (part of) the rear roof of their property is going. If they don't, I will.

I often come across grey water going into hoppers that end up in a soakaway. Soakaways can be anywhere in the garden and next door

I knew nothing about shared soakaways before our situation was unearthed (let's face it, it's not exactly a hot topic at the water cooler) so it came as an unpleasant surprise. When I 'Googled' the subject, I found it wasn't that uncommon. And, I suspect, given the positioning of properties in this road, rainwater from a small part of my roof is directed to a shared soakaway on my other neighbour's property so I can hardly get arsey about a neighbour sharing my soakaway. Thankfully, the volume of 'my' rainwater being fed to our other neighbour's soakaway (if that's the case) would not have been increased by our new extension. This shared soakaway arrangement may well apply to the entire row of properties on one side of the road.