environmental orders

[davidmarsden]

a number of houses in my road received an environmental health order houses 185 to 172 ( 13 houses) we are told that when we purchased our houses from the council we also purchased the sewer pipe. the pipe crossed land at no. 166 ( not on our sewer)
the pipe had broken leaving raw sewerage running into the garden of 166. the council repaired the pipe and removed the sewerage and is now billing the 13 houses approx.�1000 between us.
the cause of the break was tree roots in the garden of 166. should 166 be responsable or have insurance to cover the event

[pink-kittens]

On the face of it if the tree is in no 166's garden and is the root cause (deliberate pun intended) of the break, then yes, they should be liable for the damage. It seems really unfair that no's 185 through 172 should pay for a pipe that a tree in 166's garden broke. If the table's were turned they would say the tree in in your garden is your responsibility, so why is it not down to no 166?

I don't know and it isn't always that simple so hopefully somebody will know just what to do.

[buildersmate]

This will be a private sewer and hence the householders are responsible for it (but I think you acknowledge that much).
To find out whether you are jointly responsible for the whole system, or whether each person is responsible for the bit that runs in their own land, you will have to consult your Land Registry property title. There will be (what is known as) an easement, which entitles you to run the pipe through your neighbours' land, and there will also be a restriction that defines the responsibility for maintenance.
It is usual that householders are jointly responsible. I am preety sure that the council (who kindly sorted the problem out for you all) will have checked who they should be billing (i.e. number 166 or all of you) before they billed.
But there is no harm in checking.
Though hindsight is a wonderful thing, insurance is available against this sort of thing happening - the Water Utilities tout this insurance product every time a bill drops through my door.
Some other general useful in this leaflet, and by the way, the Government has announced that utilities will pick up the responsibility for private sewer maintenance from April 2011 in England & Wales.
http://www.ccwater.org.uk/upload/pdf/private_s ewers.pdf