Access To Manhole Covers 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!

[FemanonR2D2]

If it's private property then know one is allowed on your property as it is classed as trespass.

The water company cannot access your property unless it is an emergency such as a risk to health or a risk to buildings from what I understand.

Inform him that if he comes on to your property without your permission it is trespass and is a criminal offence. I'm not a solicitor but I know a few people who own their own homes and as far as I'm aware this is sound.

but seek legal advice anyway and contact the water board just to make sure where you stand.

[The Builder]

The neighbours may have an easement on your deeds/registration mentioning the necessity to enter and repair.
With a 1919 property, I'll bet there is nothing mentioned though.
In which case, they will certainly have a right to do so that has been established over a long period. In the absence of any written indication, then simple common courtesy says that they must tell you they need to enter, and arrange a suitable time. In my experience, this would be the legal position as well.
I doubt very much if any right to enter without your knowledge has been established.

With the Water Company.......... they may well have a statutory right to more or less come and go as they please, especially where there are Environmental Health concerns.

[humbersloop]

^trespass isn't a criminal offence, it's a civil matter