Any legal minded people who know about 'rights of way'

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MrsOz
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Posted: Sun Mar 17, 2013 11:56 am 
Post subject: Any legal minded people who know about 'rights of way'
In short, we share a cesspit with the housing association tenants next door. When we purchased the property we had a copy of the deeds, which state that the council have a right of way onto our property to maintain and empty the shared pipes and pit.

Although I told them we had bought the property at the beginning, they have not contacted us at any time when they were coming on the property to empty it. They are now trying to give us £300 worth of emergency call out bills for unnecessary emptying (neighbours block their drains and blame the full cessput on it) over the last two years.

House assoc have admitted that mistakes of sending out invoices were made and had agreed verbally last Nov that they would drop the charges as we had not been told they would be coming on to the property but now they are claiming that no such agreement was made, although they do remember that we must be called prior to each call out for us to be told / agree to which now happens.

So my question is... legally... do they have to give us notice us of entering our private property and can we use this as our legal argument?

Thanks for any advice

xx
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Banoffee
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Posted: Sun Mar 17, 2013 2:06 pm 
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Have a google of Easements, this is the legal Term for this. I highly recommend if this does not help speaking Citizens Advice as well.
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MrsOz
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Posted: Sun Mar 17, 2013 8:05 pm 
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Thanks Banoffee. I have now googled but nothing is telling me about access and permission to enter private grounds to reach it without permission, although it has helped me understand the deeds and permissions a lot more, so thank you.
CAB it is... thanks

xx
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Banoffee
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Posted: Mon Mar 18, 2013 8:56 am 
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Read through this

http://www.ofwat.gov.uk/consumerissues/rightsresponsibilities/supplypipes

Gives a bit of info on who is responsible etc and further down does state they can access your propert but have to follow a code of practice for Entry onto private land.
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MrsOz
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Posted: Tue Mar 19, 2013 8:16 am 
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Thank you so much for this.

I got myself all set off armed and ready to go to CAB with deeds, references from these sites that you suggested with my letter to check, when I got a call from work (about my maternity cover changing), so ending up going into work when I saw a parent of a family who I support who also has legal training behind her, so she checked my letter and advised me that as the Ofwat site says, notification must be given AND I cannot be charged for anything I did not autherise... so feeling a tad more confident now and I am just waiting for the housing assoc to respond to my letter...

Thanks xx
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Banoffee
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Posted: Tue Mar 19, 2013 2:51 pm 
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MrsOz wrote:
Thank you so much for this.

I got myself all set off armed and ready to go to CAB with deeds, references from these sites that you suggested with my letter to check, when I got a call from work (about my maternity cover changing), so ending up going into work when I saw a parent of a family who I support who also has legal training behind her, so she checked my letter and advised me that as the Ofwat site says, notification must be given AND I cannot be charged for anything I did not autherise... so feeling a tad more confident now and I am just waiting for the housing assoc to respond to my letter...

Thanks xx


Bet you were glad you ended up back into work then as someone was able to help you. Also with the cesspit you share with your neighbours I do not believe is not just your responsibility either.
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MrsOz
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Posted: Tue Mar 19, 2013 7:22 pm 
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Haha! Yeah... must have been karma!

Hopefully after all this they will do some kind of official in-writing, about them checking it and maintaining it too. That is if we win this one

xx
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