Property Question: Sewage?

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Goodie22

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Wannabe Geek

#293431 20-Jan-2022 12:36

Can anyone help or know of who can help with problematic/illegal? sewage issues.

Our home in Wellington was subdivided from another property in the 1960s. According to the council drainage plans our sewage pipes drain directly into the council mains. However, we have had ongoing sewage problems and have discovered that the sewage from the neighbouring property (which our place was originally subdivided from) drains into our sewer line even though the plans show their sewage draining into a council line on their property. Because of the ongoing sewage problems we have been having our sewage line needs replacing. The drainlayer we have been using has said that the current arrangement is illegal and recommended we get in touch with the council so that they can get the neighbouring property to stop using our pipes so that we can then replace them.

The council have not provided any advice and have said it is a 'civil matter' for us to sort out with the owners of the neighbouring property. Unfortunately, the owners are not willing to resolve the sewage issues since they are not affected by them.

I have looked through the original subdivision documents for our property and it seems like one of the conditions of subdivision is that all properties have their separate sewage lines as is shown in the council plans.

I'm not sure of what steps to take next and who to turn to for advice. Is this illegal as the drainlayer has said? If anyone has any ideas that would be really awesome!

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#2854057 20-Jan-2022 12:39

You probably need to talk to a lawyer.

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rscole86

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#2854058 20-Jan-2022 12:39

I would strongly encourage you speak to a lawyer. Online forums are not the place to resolve anything that may be illegal.

Dynamic

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#2854060 20-Jan-2022 12:45

If I read correctly, you are about to replace your sewer line. Your contractor will not be reconnecting their line (which currently runs into your old one) into your new line. The owners of the other property will be affected by that! Perhaps a very polite letter to the other owners spelling this out will stir some action? Send this via courier with signature required, and print the proof of delivery to attach to your copy of the letter.

"If you choose not to respond to this letter, when my sewer line is replaced I will be instructing my contractor to put a cap over the illegal sewer line from your house when it is disconnected from our old sewer line that is being removed. Amongst other problems, this will will result in your sink no longer draining and your toilet overflowing."

Perhaps include contact details for your contractor so they can discuss with them without you being 'the shitty neighbour'?

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Goodie22

8 posts

Wannabe Geek

#2854061 20-Jan-2022 12:47

Thanks! I was thinking that this might be the case. But I'm just interested in what others have to say or have experienced.

JayADee

2118 posts

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#2854198 20-Jan-2022 15:08

Interesting. I can't help any but I am wondering what the cost is going to be roughly?

Bung

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#2854199 20-Jan-2022 15:09

When we were in Wellington our street was mainly ex 1940-50s State houses. The connections are a mix of whatever was easiest. Our house direct connection to main, neighbour shared a Y connection to main with his neighbour. They have had numerous problems but there was never any mention of separating the lines. Those old pragmatic arrangements seem to be grandfathered. In your case which house had the original connection?

Now our place has a pipeline that crosses 2 neighbouring properties and has 4 connections into it. AFAIK it is a council pipe as soon as it leaves us as the council has allowed others to use it since it was put in. Now you'll find out whether lawyers charge less than drainlayers 😀

Goodie22

8 posts

Wannabe Geek

#2854210 20-Jan-2022 15:30

That's interesting to hear. It is the neighbouring house which had the original connection, but they were supposed to separate out their pipes when they subdivided. So I'm just thinking as the drainlayer said it's best to separate out now since the whole pipe needs replacing.

Bung

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#2854229 20-Jan-2022 16:01

You'd need a lawyer to sort this. Does what should have happened over 50 years ago still carry any weight? Does having use of the shared pipe for that length of time give the neighbour any rights. The Wgtn sewer policy considers shared pipes so they are not illegal presumably if easements are in place. Given the choice of sharing repair cost the neighbour might decide getting his own connection to a (different?) main is cheaper.

wellygary

8203 posts

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#2854231 20-Jan-2022 16:03

Goodie22:

Can anyone help or know of who can help with problematic/illegal? sewage issues.

Our home in Wellington was subdivided from another property in the 1960s. According to the council drainage plans our sewage pipes drain directly into the council mains. However, we have had ongoing sewage problems and have discovered that the sewage from the neighbouring property (which our place was originally subdivided from) drains into our sewer line even though the plans show their sewage draining into a council line on their property. Because of the ongoing sewage problems we have been having our sewage line needs replacing. The drainlayer we have been using has said that the current arrangement is illegal and recommended we get in touch with the council so that they can get the neighbouring property to stop using our pipes so that we can then replace them.

The council have not provided any advice and have said it is a 'civil matter' for us to sort out with the owners of the neighbouring property. Unfortunately, the owners are not willing to resolve the sewage issues since they are not affected by them.

I have looked through the original subdivision documents for our property and it seems like one of the conditions of subdivision is that all properties have their separate sewage lines as is shown in the council plans.

I'm not sure of what steps to take next and who to turn to for advice. Is this illegal as the drainlayer has said? If anyone has any ideas that would be really awesome!

Does the House on the other property pre-date yours?, Because from what you have said, it sounds like it might,

"Our home in Wellington was subdivided from another property in the 1960"

If it does pre date yours then from what you have just said, its likely your place may also have a "dodgy connection"

"discovered that the sewage from the neighbouring property (which our place was originally subdivided from) drains into our sewer line even though the plans show their sewage draining into a council line on their property. "

I Suspect when your place was subdivided that your sewer connection simply joined the existing one serving the other property... (They should have dug you a new one to the main)

If that the case they you probably need to dig a new separate one to the main for your house, but you need to find out which house was built first... - just plugging up your neighbours sewer pipe is not going to go well...

Goodie22

8 posts

Wannabe Geek

#2854234 20-Jan-2022 16:10

Yes the neighboring house does predate us. The whole drainage system seems dodgy. The other of the neighbour's sewage (the grey water part) drains into our storm water! I still don't understand how the council sees this as a civil matter 🙄

wellygary

8203 posts

Uber Geek

#2854235 20-Jan-2022 16:18

Goodie22: Yes the neighboring house does predate us. The whole drainage system seems dodgy. The other of the neighbour's sewage (the grey water part) drains into our storm water! I still don't understand how the council sees this as a civil matter 🙄

Household Stormwater drains into the street!... so does their greywater also drain through there too!

It sounds very much like its an old set of pipes that used to serve just the other house, When your house was built they tee-d into the old pipes crossing your land..

TBH Unfortunately I think the best solution for you is to have a plumber run new drains from your place to the mains...

and then just leave the neighbours to the old drains. (which unfortunately still run under your place)

What does you plumber recommend?

Goodie22

8 posts

Wannabe Geek

#2854243 20-Jan-2022 16:28

The drainlayer is recommending that the neighbours separate out and run over their property as it is in the plans. We had a situation where the pipe burst recently and it wasn't even connected to the main so we had to replace that section immediately and we're wanting to replace the rest of the pipe before we have another incident.

insane

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#2854250 20-Jan-2022 16:40

Sewers prevent you from building over them and could restrict other uses of your land, retaining walls, pools etc, so not having it remain would obviously be best.

mattwnz

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#2854403 20-Jan-2022 21:38

Do the neighbors have a sewage easement across your property? It should be on the title. As others have said you need legal advice.

1101

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#2854478 21-Jan-2022 08:51

Try a good bluff , to force the neighbours to take responsibity

If its your sewage line , on your property , tell the neighbors that this 'illegal' sewage line is to be blocked off as part of the repairs & they will need to deal with that themselves.
Suggest to them they start co-opererating unless they want their 'illegal' sewage line running through your property blocked off .

Then play hardball if they want to run a new line in your property .

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