Welcome, Guest. Please Login or Register
Welcome To Ask The Trades!
Apr 26th, 2024, 5:07am
Quote: Borrow money from pessimists - they don't expect it back.


Page Index Toggle Pages: 1
Send Topic Print
nighbours water tanks in our property (Read 4814 times)
charlie1309
GDPR opt-out









nighbours water tanks in our property
Nov 22nd, 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?
Back to top
 
 
IP Logged
 
thescruff
Global Moderator
Trade Member
Author
*****
Offline

Who said plumbing was
easy.
Posts: 6037


Total Thanks: 147
For This Post: 0


Gender: male

Trade: Plumber



Re: nighbours water tanks in our property
Reply #1 - Nov 22nd, 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
Back to top
 
Thank User For This Post View members image gallery  
IP Logged
 
big_all
Global Moderator
Trade Member
Author
*****
Offline

heeelllooo
Posts: 5596


Total Thanks: 10
For This Post: 0


Gender: male

Trade: Joiner



Re: nighbours water tanks in our property
Reply #2 - Nov 22nd, 2013, 2:14pm
 
heeelllooo and welcome charlie1309 Grin Grin Grin

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
Back to top
« Last Edit: Nov 22nd, 2013, 2:25pm by big_all »  

big all ---------------  we are all still learning
Thank User For This Post View members image gallery  
IP Logged
 
Lectrician
Administrator
Trade Member
Author
*****
Offline

Ask The Trades
Posts: 8814


Total Thanks: 109
For This Post: 0


Braunton, North Devon, United Kingdom
Braunton, North Devon
United Kingdom

Gender: male

Trade: Electrician



Re: nighbours water tanks in our property
Reply #3 - Nov 22nd, 2013, 6:42pm
 
Its' usually brought up in conveyancing, but yes, you need to look at flying freeholds and who owns the property freehold.
Back to top
 

Need to post a picture? Click HERE for info!
Thank User For This Post WWW View members image gallery  
IP Logged
 
charlie1309
Re: nighbours water tanks in our property
Reply #4 - Nov 27th, 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?
Back to top
 
Thank User For This Post  
IP Logged
 
thescruff
Global Moderator
Trade Member
Author
*****
Offline

Who said plumbing was
easy.
Posts: 6037


Total Thanks: 147
For This Post: 0


Gender: male

Trade: Plumber



Re: nighbours water tanks in our property
Reply #5 - Nov 27th, 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.
Back to top
 
Thank User For This Post View members image gallery  
IP Logged
 
big_all
Global Moderator
Trade Member
Author
*****
Offline

heeelllooo
Posts: 5596


Total Thanks: 10
For This Post: 0


Gender: male

Trade: Joiner



Re: nighbours water tanks in our property
Reply #6 - Nov 27th, 2013, 9:30pm
 
Quote:
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?


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
Back to top
« Last Edit: Nov 27th, 2013, 9:47pm by big_all »  

big all ---------------  we are all still learning
Thank User For This Post View members image gallery  
IP Logged
 
CWatters
Super Member
*****
Offline

"Daddy fick it" says James

Posts: 5150


Total Thanks: 58
For This Post: 1


Gender: male

Re: nighbours water tanks in our property
Reply #7 - Nov 28th, 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.
Back to top
 
Thank User For This Post View members image gallery  
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print