Neighbour threatening to block our sewer

MonkeyWrench

We live in a house which was built in the 1960s and the sewage pipe on our side joins in with the neighbours pipe and then out to the public sewage system. Over the last couple of days our next door neighbour has threatened to close off access to his sewage pipe, effectively leaving us in a situation where the sewage will back up into our house. We believe this is a EPA health hazard and is essentially illegal. Can someone advise please on what we should do if he does actually block this up over the coming days?

Dial Hard

Sorry, but why is he threatening to do this? Pretty much every house in Ireland that isn't a one-off shares drain access.

handlemaster

https://www.boards.ie/discussion/comment/120528601#Comment_120528601

Yep.. why... this is key

amdublin

Is he not going to block up his own too by doing this??

What is the full story - what is going on that he is threatening this?

Indestructable

https://www.boards.ie/discussion/comment/120528619#Comment_120528619

Not necessarily, if his neighbor has an AJ on his property with a t-junction heading to the main sewer he could just bung his neighbors pipe.

OP are there any other houses in the line or will he just block you?

This one might be left to you and your neighbor to resolve. Irish Water don't usually get involved with pipework on private property where only a few houses are involved, even if it does eventually connect to the mains.

The EPA are highly unlikely to give a hoot.

Best to try resolve the issue with your neighbor.

MonkeyWrench

https://www.boards.ie/discussion/comment/120528601#Comment_120528601

Its hard to explain on a forum but lets just say the guy is a convicted criminal who has a habit of doing obstructive things to his neighbours. He also threatened the previous owner of the house that we live in. Nobody on the road gets on with the guy, he is not the type of person you can have a candid conversation with unfortunately.

FledNanders

Advise the Guards?

elperello

https://www.boards.ie/discussion/comment/120528784#Comment_120528784

Yes but why the sewer ?

MonkeyWrench

https://www.boards.ie/discussion/comment/120528977#Comment_120528977

He did the same with the previous owner of the house about 10 years ago. Basically they fell out, she had to call the guards a couple of times on him, the way he figured to get her back was to threaten to block up the sewage as he is in control of that from his side. He is very much a boundary person. The same is happening with us know. Any advise on this at all would be appreciated, it got to the point where the previous owner actually moved out because of him.

Indestructable

You're going to have nightmare till one of ye move.

If he does follow through with his threat you could get a submersible pump and if you have a place to put it on your side, overpump to the mains. (Or onto his front lawn...) This would only work very short term.

Alternatively, if there is any chance of getting a new connection to the mains sewer by laying new pipework and avoiding his property altogether, you could explore that option. Very expensive but long term removes his power.

amdublin

Hmm. Does it matter what it is, it is a threat at the end of the day. Like for example if he was threatening "I'm going to break your face" or "I'll burn your house down" ....what would/could the guards do?

I think a chat to the guards to understand options might be a good start?

Long Sean Silver

i would just collect the blocked up effluent and shovel it across the wall into his property. that should bring him to his senses.

sometimes trying to be reasonable with some folk just doesn't work.

elperello

https://www.boards.ie/discussion/comment/120529360#Comment_120529360

The best course of action would be to consult a solicitor who will be able to advise you if there is a legal remedy.

Failing that you may need to construct a new line out to the main sewer if that is possible.

Long Sean Silver

https://www.boards.ie/discussion/comment/120529479#Comment_120529479

i suspect once the OP has put himself through the not inconsiderate expense & inconvenience of doing this, then his idiot neighbour will find something else to create a 'er "stink" over.

i grew up living beside an idiot like this. i speak from experience. the Gardaí were not interested. my Dad was a very reasonable, patient person, but in the end only one thing sorted the problem

elperello

https://www.boards.ie/discussion/comment/120529666#Comment_120529666

I take your point but we can only recommend legal/practical remedies here.

Dav010

https://www.boards.ie/discussion/comment/120529397#Comment_120529397

But his threat is limited to an action on his own property, not violence against the op or his/her property.

The op will need to talk to a solicitor and check for any legal right associated with a shared sewerage system. Otherwise the op will have to arrange to connect directly to the public sewerage system.

delboythedub

https://www.boards.ie/discussion/2058294269/neighbour-threatening-to-block-our-sewer

Phone your local Council and they will step in ONLY if there is a dispute between neighbours. Neighbours built kitchen extension and blocked waste pipe and back yard was flooding and having ignored requests to recitfy same we got a camera down drain and forwarded results to council and council told them to sort it out now.

NUTLEY BOY

The neighbour sounds like a lout and a bully and needs to be dealt with as such. The posts disclose no conduct on the part of the OP to provoke or otherwise justify the neighbour's threats.

This is not legal advice but just some observations on the general principles arising.

Blocking the OP's sewerage system deliberately or recklessly - thus rendering it unusable - could constitute criminal damage. See section 1 of the Criminal Damage Act 1991. Link Criminal Damage Act, 1991 (irishstatutebook.ie)

Title documents to the OP's house may need to be checked for drainage agreement(s) and the like. There may be a specific obligation imposed on the neighbour under some such agreement to allow OP's system to merge with his.

If there is no drainage agreement or the like OP can argue that a right has been acquired by usage since the 1960s.

Blocking the OP's sewerage system to the point of becoming unusable may well be actionable under the tort of nuisance. If the neighbour can read the word "injunction" on a legal document that might also start to soften his cough.

Suggestion of reworkings of OP's drainage system are a touch dangerous. If you access any part of the system on the mains side of the last gas trap - usually at the shore - you run the risk to exposure to sewer gas which can be hazardous to human life if it is in the right concentration. Also, returning sewage to the neighbour's property is a very bad idea as it would put OP on the wrong side of the law.

IMHO, if this takes off ;

1. Have absolutely no further conversation with the neighbour.
2. Consult a solicitor fairly promptly.
3. If the sewerage system is blocked deliberately report that to Gardai as criminal damage and don't brook any guff about it being a civil matter. This matter could constitute both a civil and a criminal matter.

A potentially horrible dispute in prospect. I wish you well if it develops.

spaceHopper

This guy gives two **** about the law or been brought to court. Tell them if they block your drains you'll simply sling the **** over the wall at his front door and into his garden until he unblocks it. Also ask him if he's like CCTV on your house with wide angle lenses catching everything that happens in the area. Or you can move out and rent the house to a few guards.

Dav010

https://www.boards.ie/discussion/comment/120531800#Comment_120531800

Wow.

Long Sean Silver

https://www.boards.ie/discussion/comment/120531800#Comment_120531800

i agree. this guy wont give a tinker's curse for the law, the guards etc. i know his type. you could rent out your house, but frankly i dont see why you ought put yourself to such bother over this moron. if you do rent out, then i would be inclined to seek tenants of a distinctly anti-social attitude.

OR you can embroil yourself in a lengthy/never ending, expensive and probably fruitless legal dispute, the only winners of which will be solicitors & barristers.