Non Shite Drain Trap Question

[Father Ted]

I have a surface water drain that runs through my land. It has an inspection trap also on my land. The drain pre dates my house by about 80 years.

 

Its all my land, not leasehold or any other shit. However the drain belongs 100% to the council.

Its not mentioned in the deeds of the property.

 

Today the council have been and been degunking the drain - not a problem really but shortly I will be parking some largely immovable shite over the top of it.

 

Today problem that Google cant resolve is, whilst I dont mind moving whatever is plonked over the drain do the council have any right to demand I dont park over the top of the inspection hatch?

 

Over to you non legal bar room experts.

[Guest]

Not sure about the inspection hatch issue, but do double-check whether you're responsible for the drain - whilst the council will sort out blocked drains, responsibility for the drain itself tends to be split between the properties it serves. There were numerous incidents in my town where the drains were damaged and required work, with the charge being split between the afflicted properties. This generally resulted in people kicking off, but with the ultimate conclusion being that they all had to pay (though some were able to claim on their insurance). Bad luck fellas!

[Father Ted]

Did that years ago Mr H.

 

The Foul water drain is indeed a shared ownership thingy between 9 houses.

 

The storm drain isnt as it serves about (roughly) 200 houses and is a mahooooooosive brick built affair. It was here when it was all fields (in fact its course can be seen on a 1918 map) and was here when the mill was on my land, and is still here. I have it from the horses mouth (council bloke smoking a tab when we had shed loads of issues with the drains years ago) that it wasnt anything to do with us. The other inspection pits are on public land, its just unfortunate Im lumbered with one on mine.

[myglaren]

Ask them to move it or you will be charging them rent.

[Justin Case]

Check the deeds of your house again, there are usually all sorts of odd clauses in them, for example the Earl of Bradford owns all the mineral rights under our house, so I can't have my own coal-mine, Fred Dibnah style

I think that the term for granting access is a wayleave, and there should be a clause to grant it. Assuming that you aren't filthy rich and really own your house you should be able to get the deeds from the building society to check again if there is anything there about it, although they might charge a small fee.

[Father Ted]

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=13932

 

No, my deeds ( I have them) say nowt at all about the rainwater drain, but do specifically mention the foul water drain and the gas and electric cables (as well as this access road thats supposed to form part of my garden, but doesnt).

 

I think I will dump the caravan there and say "nobs" to the council.

[Father Ted]

No, Sir Tainly - I know its not mine for a couple of reasons.

 

1) It doesnt serve the property - it serves the road drainage - surface water from my property is ducted away in the foul water drain into a separate sewer on the other side of the road.

2) It pre dates the property by a good 80 years

3) IN 1995 the council confirmed their ownership of the drain when we had to have the road dug up to do remedial work on the foul water drain (which sadly does belong to me right up to the drop pipe on the other side of a busy road).

 

However I will try my best to

to not cause any obstructions - either temporary or permanent - that would prevent the free passage of fish

[Father Ted]

Well, thats it really - Im not covering it over, but will be parking a caravan over it. The caravan is movable, but may need a bit of notice to move it (ie if Im at work and the council pitch up - I expect them to pop a card through the door asking me to move the van as they will be coming back whenever) rather than the current practice of the council just to turn up whenever they want, park their van on my drive and get the drain rods out (mind you what possible use rain rods are on a brick built egg shaped drain about 2 foot across I have no idea).

 

In all fairness yesterday it was a big fuck off bowser parked on the drive hoovering mud up out of the drain. They have left a large traffic cone on the drain trap to remind me not to park on it.

How helpful.

If its still there at the weekend it will get launched over the back fence onto the (councils) field.

All because of this:-

[Father Ted]

Bowser came back today and blasted the drains through - interestingly council bloke reckons tree roots from neighbours (conifer) trees have gone into the drains and they have also found another surface water drain that they say they didnt know about, they say that that one has been broken into with "a big yellow pipe" and is partially obstructed.

 

Will look better flattened and with some old caravan or Renault parked there....

Still unsure who actually has responsibility for the drain as Council say that United Utilities have also been out blasting drains through.