I live in a mid-1960s former council estate. A foul water/sewerage drain serving 19 properties (including my own which is just after the midsection of the line) runs along neighbouring back gardens and into a main drain.
An issue has arisen downstream on a neighbour’s property with a damaged pipe is causing foul waste to back up. An inspection has revealed a hole in the pipe, possibly root related, and hard-core stone (possibly from foundations) is getting in and contributing to the blockage.
Both Irish Water and the local council claim it is a private matter as despite it being a communal drain serving multiple properties, it is on private property.
Inspection and repair works will likely prove costly and while the issue is not on my property, it impacts it due to the system backing up.
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I am keen to resolve the issue and happy to contribute to the cost but any guidance given owner liability and the associated health issues as to whether the council (who installed the original line in the 1960s) or Irish Water (which has been given responsibility for water infrastructure) have a role here would be appreciated.
This is a difficult query to answer.
The law on easements, (the right enjoyed by the owner of property over the land of another) for example a right of way, right to water, right to light, right to support and that relating to wayleaves, (a right to carry water, gas or other services in pipes through the land of another) is complicated.
While there are EU directives and public health acts that can be of assistance to a property owner, it is an expensive process to seek to enforce those rights as an individual.
A sanitary authority is empowered to carry a sewer or water pipes through or under the lands of any person under several public health acts enacted through the decades.
The first thing you must do is look at your own title documents to see what rights you have for your property to be serviced by water and sewerage. Are there any such rights registered on the title documents of your property and any of the other owners in the estate?
You may be in a position to seek to enforce those rights.
If, as it appears, the water/sewerage drain is servicing a number of properties you should ask the local authority whether or not all of the services in that estate have been “taken in charge” by it at some stage over the history of the development. It would seem strange if almost 65 years on from the development of the council estate in the 1960s that the local authority does not have all of the services “taken in charge”.
If the local authority does have the services “in charge” then it has a statutory obligation to ensure that they, the services, are properly maintained and serviced.
Irish Water may have had that responsibility passed to it following the transfer of some such services to it by the local authorities several years ago.
The excuse given by both Irish Water and the local council to you that “it is a private matter” and that the drain “is on private property”, is frankly a cop-out.
Rather than taking the individual legal route to enforce whatever rights you may have, which would be expensive, why not get the other house owners or as many of them are willing, to petition the local authority to remedy the defects in the pipe which you say is damaged.
The local authority and Health Service Executive have responsibilities for public health which would appear to be in jeopardy if the damaged pipe is causing foul waste to escape and back up. You should contact them and set out your concerns.
Patrick O’Connor solicitor at P O’Connor & Son Solicitors
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