Rivkah wrote:The pipe in question is my waste pipe. All the waste from my property goes into a pipe that enters their property, and joins with their waste pipe then exists onto the street to join the sewer). The properties used to be one house, and are grade II listed.
I’m typing this on my phone in Oman so please excuse any formatting cock-ups!
The first thing to say is that there seems to be absolutely no justification for your neighbour seeking an injunction. As always in such situations we’re only getting a snapshot of the overall scenario but nowadays people have to go through a pre-action protocol before issuing court proceedings.
Although this can be ignored in the case of emergency I can’t see how removing a pipe that’s been there for 19 years could possibly count as an emergency.
Is your neighbour represented by a solicitor? If so, did they make reasonable efforts to resolve the problem before issuing court proceedings? If not, your solicitor should ask for a stay of proceedings - or even apply for the claim to be struck out as an abuse of process.
In order to succeed, your neighbour has to prove trespass. However, even if you have no written evidence of an easement to use their drain there’s lots of circumstantial evidence. For example, as the two properties used to be one there would have been no logical reason for yours to have had a separate drain.
And when your house was split off whoever was the original buyer would have had the benefit of section 62 Law of Property Act 1925, which would basically have given that buyer and subsequent owners (including you) the benefit of any existing easements - in this case the right to use the joint drain.
However, my solicitor is now saying I do not have reasonable prospects of winning the case as I do not have enough evidence.
I have to say I find this rather concerning. Is your solicitor experienced in property litigation? Are they even a solicitor at all? So many clients are fobbed off nowadays with unqualified staff you need to be careful. But from what you’ve said you seem to have a good case, and I’m wondering whether you’ve got stuck with a conveyancing solicitor who doesn’t understand litigation and has lost his nerve.
Check your house contents policy to see if you have legal expenses insurance, and if you have give them a ring.
There is a single deed that supposedly covers this information (the existing deeds refer to this but state nothing else re drainage), but this deed is nowhere to be found. The land registry no longer have it.
Yes, the deed you’re looking for is the one by which your house was sold off. You (or more accurately your solicitor) should check if there’s a copy on the title register of your neighbour - I’d be surprised if there wasn’t. But if there isn’t section 62 comes to your rescue anyway.
From what you’ve posted I’d say it’s virtually certain you have an enforceable easement to use the drainage pipe, and that the application for an injunction is just an attempt to terrify you into submission. But I am surprised that your solicitor appears to be such a wuss, and if you’re not sure he’s up to the job it’d be worth seeking a second opinion.