Property Question: Sewage?

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Bung

6479 posts

Uber Geek

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#2854483 21-Jan-2022 09:07

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

It won't necessarily be that cut and dried. An easement may exist without being recorded on title.(IANAL)

Personally I would consider the cost of the repair. If it was significant I wouldn't discount the opportunity to cost share. The existing arrangement has survived 50+ years. A new PVC line would last even longer.

Goodie22

8 posts

Wannabe Geek

#2854648 21-Jan-2022 14:31

There is no easement on the title. Where else would an easement exist?
The current arrangement has not worked for the past ten years we've had to deal with sewage leaks from the neighbours including spending Christmas day digging in their sewage because it was a hard time of the year to get a drainlayer out. So I'm looking for a permanent solution and hopefully we or any future inhabitants in our place will no longer have to deal with this shit!

Bung

6479 posts

Uber Geek

Subscriber

#2854692 21-Jan-2022 16:10

So are you saying that the neighbour is upstream from you and the blockages cause leaks onto your property? I can't see how that wouldn't have always been their problem. Just because their sewage leaves their section doesn't mean it's not their problem. Does it affect your house draining to the main? I'm struggling to see why you've been paying for 10 years.

Goodie22

8 posts

Wannabe Geek

#2854695 21-Jan-2022 16:20

Yes they're upstream of us so it might not be just them causing the problems. It could be us too, but there sewage has always ended up just outside our house (different toilet paper!). When it first happened ten years ago we were told by the drainlayer that the pipe is so old and all over the place that it needs replacing and we'd be lucky to get another year out of it. We were happy to replace the pipe but the neighbours didn't want to do anything. We've had ongoing leaks during this time and the pipe has now burst so it's really on it's last legs.

Handle9

11386 posts

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#2854722 21-Jan-2022 17:37

You need to get legal advice from a property specialist. This is a reasonably complex area and not getting correct advice has the possibility of you ending up in a court dispute with your neighbour.

It'll cost a few hundred dollars but it's money well spent and then you can direct the conversation/correspondence with your neighbour in the right way. With shared drains it's normally a joint maintenance responsibility (like fences) but it can be complicated.

Handle9

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#2854723 21-Jan-2022 17:39

Goodie22: There is no easement on the title. Where else would an easement exist?
The current arrangement has not worked for the past ten years we've had to deal with sewage leaks from the neighbours including spending Christmas day digging in their sewage because it was a hard time of the year to get a drainlayer out. So I'm looking for a permanent solution and hopefully we or any future inhabitants in our place will no longer have to deal with this shit!

Easements would normally show up on the LIM

insane

3239 posts

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#2854764 21-Jan-2022 21:17

If you theoretically had a blockage in the pipe between them and you, would it eventually back up and overflow into their house?

I image if it did, they would want to get that fixed.

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UncleArk

110 posts

Master Geek

#2854795 22-Jan-2022 08:25

> Is this illegal as the drainlayer has said.

Probably, no.

Refer Sections 460 and 461 of the Local Government Act 1974.

What you have is a "common drain" and very likely the following applies (to both you and your neighbour) in your situation:

(a) A right to the free and uninterrupted use of that private drain; and

(b) A right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes, for the purpose of relaying or effecting necessary repairs to the drain;
and

(c) A right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of executing, providing, and doing all or any of the things required in respect of the drain by this Part of this Act or any bylaw; and

(d) A right to contribution from the owners or occupiers of those other lands towards the cost of all necessary relaying of or repairs to the drain; and

(e) A right to the recovery from the owners or occupiers of other lands through which that drain passes but which are not served by the drain of the cost of any repairs to the drain necessitated by any wilful or negligent act of those owners or occupiers

If you have had to deal with raw sewage coming onto your property the Council could get involved - but only in the capacity of enforcement where a "notice to fix" is served... on all owners/users of the common drain.

UncleArk

110 posts

Master Geek

#2854797 22-Jan-2022 08:28

Handle9:
Goodie22: There is no easement on the title. Where else would an easement exist?
The current arrangement has not worked for the past ten years we've had to deal with sewage leaks from the neighbours including spending Christmas day digging in their sewage because it was a hard time of the year to get a drainlayer out. So I'm looking for a permanent solution and hopefully we or any future inhabitants in our place will no longer have to deal with this shit!

Easements would normally show up on the LIM

The content of a LIM is legislated under the LGOIMA act and should only include information held by the local authority. Easements are not "held" as such by a Council. They are "held" by LINZ (Land Information New Zealand) and are recorded on the certificate of title (C/T) and on the deposited plan (DP).

In addition... the statutory provisions of S461 Local Government Act 1974 is in fact the easement when it comes to a common drain...

This is specifically in regard to a private easement... Many properties may have a public easement (i.e. in favour of the Council) through their property... that certainly should/would be noted on a LIM...

On saying that... Many Council's (such as Christchurch City Council where I live) do plot private easements on their drainage records... and a drainage record is provided... so are incidentally providing the easement location!

Goodie22

8 posts

Wannabe Geek

#2854907 22-Jan-2022 16:59

Thanks for all this information it provides a deeper understanding for when I'll speak to a legal expert. I do wonder what constitutes a 'common drain'? It is common
because it was always intended to be common? Or does it become common through use and mistakes which happened in the past?

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