Could I please have details of the Solicitor we used for the purchase plus access to all legal documentation?
With regards to the soil pipe I found this :
In the UK, the responsibility for maintaining and repairing drainage systems generally falls to the property owner. If the soil pipe is damaged and is located on your property, you might initially assume that you are responsible for its repair. However, if the pipe is not supposed to be there—meaning it does not have the appropriate permissions or easements—you may not be liable for its repair costs. Instead, the neighbor who owns the pipe could be held responsible for any necessary repairs, especially if it was installed without your consent or knowledge. The legality of a soil pipe running across your property can depend on several factors, including whether there is an easement or agreement in place that allows such a structure. If there is no documented permission in your property deeds for the pipe's presence, it may be considered a trespass. In such cases, you may have grounds to request its removal or seek compensation for any damages caused by its presence. Additionally, if the pipe has been in place for a long period (typically over 20 years), your neighbour might have acquired an easement by prescription, which grants them certain rights over the land despite not having formal permission. To resolve this issue, you should first review your property deeds and any relevant agreements that might clarify ownership and maintenance responsibilities. If no easement exists and the pipe is causing you issues—such as preventing you from installing a gate—you could consider discussing this matter with your neighbour directly to seek an amicable solution.
If the soil pipe is running through your property without your knowledge or permission, your neighbour is likely at fault here. The fact that you’ve only just discovered it after 18 years suggests there is no formal easement or agreement in place. They can’t just run a pipe through your land without consent, and if it’s damaged, they’re responsible for the repair, not you. You could force them to remove it or at least reroute it if it’s preventing you from installing your gate. You’ll want to check your property deeds, but if there’s no mention of the pipe, you’re within your rights to challenge it. Unless they’ve somehow gained a prescriptive easement, which would be tricky after 18 years with you being unaware, your neighbour could be in breach. You might need to escalate this, either by having a surveyor assess the situation or pursuing legal action if they don’t cooperate. This is your land, and their pipe shouldn’t be there without proper legal standing.
We need to tie this up before the sale of the properties is agreed.
Jo