12 replies to this topic

[Romany]

Hi all
My neighbours have a septic tank on my land. No problem I thought at first, I can just ask if I can hook up my toilet to this when the time comes, and anyway, eventually I'll put in a reed bed system.

Time arrives. Ask neighbour (a builder). 'No go' he says. Excuse is 'it's already at maximum capacity'. (What - on MY land?! - and before anyone asks, no I get no benefit from his septic tank being there, unlike if it was an electricity pylon for which I would get paid rent!)

The Sunday school building which I am currently in the process of repairing did at one time have a toilet block (the block remains but the toilets do not). I asked him, where did the sewage from them go? No idea he replies. I suspect, into the tank which is on my land!

Where do I go from here? I would like to ask him to install one in his own garden instead of relying on me (or my land) to take the effluent away for him, but don't know how to go about it without upsetting the current reasonable relationship we have.

Actually, I am not naive, I do realise that to ask is to upset him.... I guess what I need to know is whether I have a (legal) leg to stand on? How do I go about finding out how he came to have a septic tank on someone else's land in the first place?

Any suggestions please?

Romany

[Cornish Gems]

Romany - have you had a good look through your deeds? There should be a mention somewhere regarding this. For instance, an old conveyance relating to our land mentions a water pipe running under it. There should be a covenant for the owner of your land (ie, you) to allow him access to the septic tank in order to empty it.

[Romany]

Hi CG
Yes he has right of way to empty it as long as I am informed beforehand. I remember once when I was still at uni and still living in bricks and mortar that I gave permission for them to do works to the tank, next time I came to the land the area all around the tank for at least 50 feet had been gone over with a digger. Not usual I don't think? And NOT what I gave permission for!

However as far as I am aware my deeds don't mention anything else.... will have to hunt them out (packed away somewhere )

Romany

[shepie]

Firstly if he has right he will not move it unless you pay to do so !
I suspect you have a pipe coming from the old toilet block and it was chopped of when they did the works to the tank , dig down between the Sunday school and the tank and it will be there then Nearer the tank if the pipe has been chopped of you know who did it and you have a right to use it , the deeds would say who owns the tank and who has a right to use it , if you had a right for the Sunday school to use it you still have one know , as it can't be classed as abandonment if the tanks still in use I would say being a builder myself , check on the lower side of the tank for a wet patch or rapid growth as this could be a sign of a filter bed not working and a bargaining tool !!

[Romany]

Thanks Shepie that is good advice.

Romany

[Romany]

Been away for a couple of nights and when I arrived back today, nearly couldn't get onto my land as a tractor (or so I thought) had churned up the 'driveway' a little (it's very wet and muddy). Got to the gate (34m from the road), and it was evident someone had opened the gate and driven onto my land with said 'tractor'. Nearly couldn't get through the gate due to the churning up here too.

No signs that the cable with number lock had been touched, but on opening the gate, it became clear they had lifted it off its hinges at other end. Inspection of septic tank shows two or three of the concrete slabs have been moved.

They didn't ask my permission which is what they are required to do - previously they have always asked and if I'm not in they have texted me. (They do have the combination for the number lock too, unless they've forgotten it!)

Last time they had anything done to the tank (whilst I was in my last few weeks at uni so unable to be there - didn't live on site at the time) my touring caravan got stolen a few weeks later

Any suggestions? Not a happy bunny tonight!

Romany

[ShaunP]

Cant help on advice regarding the problem with them using without informing you but can help with the taking the gate off the hinges.......turn the top hinge upside down so it cant be lifted.....depending on how the hinge fixes it may need re drilling or welding but it certainly makes things very awkward!!!

ShaunP

[Cornish Gems]

Romany - how awful for you and also how worrying! Just a quick question - does the right of access that neighbour has mention damage? For example, our neighbours had the right to come and inspect the water pipe leading to their property but they had to put right any damage caused in so doing.

[Romany]

Thanks for your advice Shaun, I'll have to see if I can get anyone to help me with that, but it's good advice.

CG, I would have thought so but until I find the deeds I can't know for sure... they haven't really caused any 'damage' as such, but they ARE supposed to ask my permission whenever they need to service/empty the tank, and they haven't done so in this instance.

I'm beginning to wonder if they also had it emptied last year without informing me, as prior to the caravan theft, they had contacted me on two occasions, and I had owned the field two years at that point. Not a dicky's since the time just before the caravan got stolen (and yet the guy reckons it's at maximum capacity?! Seems to me that's not really possible, either it would create a very wet area around it, or it would require to be emptied more often if it was over-subscribed? My own plumber could see no reason not to hook up to it when I asked him 18 months ago)

GRRRR just soooooo annoyed! But I keep telling myself it's nothing compared to what some of you are experiencing with your neighbours!

Romany

[Cornish Gems]

Had another thought whllst planting Christmas Trees. Have you thought about informing the Police? You can remind them about the tourer which was stolen and let them know that as far as you are concerned the only people who would want to come on to your land for legitimate purposes are your neighbours but they would have no reason to lift the gate off at its hinges and anyway on previous occasions they have asked for permission as they are supposed to do.

We have always found the Police to be very helpful to those of us who live out in the country.

[Romany]

Ha. In Lincolnshire it seems police officers are rarer than greater spotted planners!

When the tourer got stolen, I was living 25 miles away, and an officer from the station in that area (which is only open part time and accessible by a phone in the wall outside... sooo useful to deaf people!!!!) came, took a few details, and promised someone from the station local to the field would contact me.

Needless to say, I'm still waiting.... and this after going back to the original station on two further occasions! I gave them loads of leads, including a mobile number of someone who had text asking to purchase the tourer (my number was given them by the neighbours, despite my asking them never to give it to anyone without asking me). Don't think the police even bothered to follow up any of the leads

Romany

[Shardlowpeasant]

It's probably worth finding the pipe at the Sunday School end & either rodding the drain or having it jetted then pouring some dyed water down & seeing where it flows to. Can't argue about the route of a drain when there is colour evidence.

[mallard242]

Hi just been reading your problems, so sorry, regards to your gate if you have not sorted is to put another chain and padlock around hinge end, this would stop people lifting off