by rosebery »
Sun Jul 12, 2009 10:59 pm
"........so where do the roots enter the drains ? before or after your boundary ?"
Thats really a very key question and perhaps Surreygirl could confirm. The first post says OUTSIDE the boundary and what I have based my input on. The location of manholes isn't really relevant at all.
To summarise the several aspects of this case then:
1. If the roots have invaded the drains outside the boundary of the property the drains are the responsibility of the local sewerage authority and not the council and not the owner(s) of the property as these are designated public sewers. The ownership of the trees causing the problem is a different matter and a matter of discussion between the sewerage authority and the owner of the trees.
2. If the property is pre 1937 and drains from neighbouring properties join one another to form a combined drain INSIDE the boundary and the root damage is after they join its still the responsility of the local sewerage authority as this is still considered a public sewer from the point where the individual drains join. Prior to that its a private sewer and its the property owners responsibility. Post 1937 drains only become a public sewer after they cross the boundary irrespective of whether adjoining properties share drains at some point or another within the boundary.
3. If its a public sewer then the sewage company have a responsibility to fix it but may well seek recompense from the owner of the trees for the cost involved.
4. If its a private sewer you can either get a private contractor or the local sewerage company to fix it but the whole will be chargeable. It would then be up to you to seek recompense for the damage from the owner of the trees which, in this case, seem to be the council and provided they accept liabilty.
5. Whether its covered by the insurance policy for the private sewer scenario really is an indeterminate point because it will depend on the precise cover provided by the insurance policy. Noone can second guess what the policy says without looking at it. Be aware though that some insurances contain exclusions relating to damage to drains in that a) it has to be reported immediately as an emergency and b) the policy holder must have contacted a drainage contractor to deal with it as an emergency. If its not an emergency and just an inconvenience it may not be covered. If its not an "all-risks" policy it probably won't be covered at all.
BTW depending on where you are in Surrey your sewerage services may be supplied either by Thames Water or Southern Water. If your water supplier is Sutton and East Surrey Water they won't be involved because they are not responsible for the output only the input.
Cheers