Law Regarding Access To Manholes On Private Property

[operabuff]

We live in a detached property built in 1919, which we own. We have two manhole covers on our property - one in the back garden and one by the side of the house.

Sewage pipes from our and neighbouring properties run through these, firstly through the back garden and then through the side garden. The property next door is rented and tenants keep blocking their waste pipes. As we are more careful, our outlet is always clear; unfortunately, as all the neighbouring outlets go through our garden, it seems that the neighbour's pipe can only be unblocked via our manholes. This means either we, or the water company, have to spend hours pumping water through to clear their blockage.

An additional problem is their landlord. He seems to believe that he is entitled to have access to our manholes at any time. He informed me a few months ago that, while we were on holiday last year, his tenant's pipe became blocked; he unlocked our gates and proceeded to use our hose pipes and unblock the pipes without our permission.

Last week, he telephoned to inform us that the pipe was blocked again and he had arranged for the water company to unblock it; they estimated that they would arrive at about 10.30 that evening! We pointed out that we would be in bed but he stated that we need only leave the gate unlocked so that they could have access. Needless to say, we did not go to bed and were up until past midnight, surrounded by flashing yellow lights and noises of pumping machinery.

Yesterday, he informed us that he had arranged for the water company to come to our property this afternoon to pass a camera through the pipes to see what the problem is; he will not accept that his tenants keep putting the wrong items down the toilet. Again, he said that we just needed to leave the gates open for access. We may be fussy pensioners but we do not want anyone on our property when we are not there so we cancelled our plans to go out, stayed in and - of course - no water company.

We have always been co-operative in the past and, obviously, we want the matter to be resolved. However, we have had enough; we feel that the landlord is taking advantage of our good nature: he should not be arranging for other people to carry out work at our property without consulting us first and he certainly should not be entering our garden - without our permission - when we are not there.

What is the legal position regarding manholes on private property? Are we within our rights to refuse access to others when we are not having any problems? Do water companies have the right to come on to our property without our permission and/or when we are not there?

We are away next week and we do not want people mucking about in our garden when we are not there. Can we tell this man that he does not have our permission to enter our property or make arrangements for others to do so? Surely, is it beholden on him to obtain our permission every time before entering our property or organising for others to do so and it is for us to determine the time and day, not him!

[EDDIE51]

You have to allow access to manholes that are on your land but shared by others . The workers can enter your property without permission to clear a blockage or work on the drains if nessesary. It is normal to ask permission but if you are out or away they can come in and do the work without any permission.
We have the same situation, the drain access manhole is in my garden but it is shared with 5 other houses.

[Canary42]

But surely this does not extend to the neighbour's landlord ?.

[EDDIE51]

It applies to anyone who has a reasonable excuse/need to get to the manhole. If the landlords doing the job then he needs to be able to get in and do it, it could be the tenents themselves or any one they ask to do the job.
In the case of an emergency access can be needed 24/7 and you have to allow it.

[Peter Pedant]

oh, I agreed to half the cost of the unblocking when mine backed up to someone else's house and thought I was lucky not to be asked to contribute the cost of clearing up the mess ! [in their house]

I too thought that the neighbour had flushed nappies down the bog
and they had caught and blocked just under my property
but of course you can never really show that.

Blocked sewers are not really something you can sit on while a person decides if it convenient for them or not - access some of Desktop's threads

[cunninghamjim]

My manhole which only serves my private house, sits on the boundary.
The neighbour is now claiming a strip of land incorporating this manhole. I will not have legal access to it. I presume therefore, I must hold onto the strip of land