Ask The Trades - Print Page

Ask The Trades
https://www.askthetrades.co.uk/cgi-bin/yabb/YaBB.pl DIY Forum >> Plumbing Questions >> nighbours water tanks in our property https://www.askthetrades.co.uk/cgi-bin/yabb/YaBB.pl?num=1385117167 Message started by charlie1309 on Nov 22^nd, 2013, 10:46am

Title: nighbours water tanks in our property
Post by charlie1309 on Nov 22^nd, 2013, 10:46am

have just discovered(due to leaking pipe) that we are housing our downstairs neighbours water tank and pipework thus it was his squatting pipe that was leaking. Any idea how we stand on demanding the removal of all his waterworks from our property?

Title: Re: nighbours water tanks in our property
Post by thescruff on Nov 22^nd, 2013, 1:01pm

You need to look at the deeds as the loft is probably common to all the units.

Is there a property maintenance for the building

Title: Re: nighbours water tanks in our property
Post by big_all on Nov 22^nd, 2013, 2:14pm

heeelllooo and welcome charlie1309 ;D ;D ;D

yes i fully agree with scruff the space its in will not be yours and you must not touch it
is this a purpose built flat/masonet or a conversion ??

there is also a flying freehold
this means someone else own the space above another property

Title: Re: nighbours water tanks in our property
Post by Lectrician on Nov 22^nd, 2013, 6:42pm

Its' usually brought up in conveyancing, but yes, you need to look at flying freeholds and who owns the property freehold.

Title: Re: nighbours water tanks in our property
Post by charlie1309 on Nov 27^th, 2013, 3:46pm

thanks for the advice, we own a share of freehold and there is also a lease. the tanks are in a cupboard behind our kitchen (not in the attic)

The lease does mention the pipework and tanks, can we challenge that to have them removed or can we bill neighbour for repairs and upkeep to them?

Title: Re: nighbours water tanks in our property
Post by thescruff on Nov 27^th, 2013, 4:18pm

Don't think you could get them removed, you'd need a Solicitor for that question, but I would certainly say they are responsible for the upkeep and any damage, much the same way your insurance should cover anyone below you if you have a leak.

Title: Re: nighbours water tanks in our property
Post by big_all on Nov 27^th, 2013, 9:30pm

wrote on Nov 27^th, 2013, 3:46pm:

you need to get your head around the fact its probably not your space to use
its theres either they own or lease the space

as for maintainance you need to find out who is responsible as it may be your responsibility till it leave your property

Title: Re: nighbours water tanks in our property
Post by CWatters on Nov 28^th, 2013, 7:28am

I agree. Very unlikely you can get the pipes and tanks removed unless the neighbour agrees. Covenants/wayleaves normally have some value. In this case you have to ask yourself what the value of that space to the neighbour. Even if the neighbour agrees to move the tanks for nothing you would probably have to pay the legal costs of getting the covenant removed.

The neighbour would normally be responsible for maintenance and the consequences of any leaks. Can be difficult to enforce if they simply refuse to pay. You would probably have to go to the small claims court eventually. If that's likely you need to plan ahead - if you have to pay out to get a leak fixed try and get multiple quotes, keep all bills and receipts etc.

If you have frequent problems you might have a case for statutory nuisance. If you write to them pointing out that their failure to maintain the pipes may lead to water damage to your property, and they fail to take action, then I believe that may allow the court to award damages for negligence as well as the cost of repairs.