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Waste pipes legality for freehold flats

including wills and probate
Dicky99
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Re: Waste pipes legality for freehold flats

#666562

Postby Dicky99 » May 29th, 2024, 11:29 pm

mc2fool wrote:Yes, it is. They need to make their minds up: is the problem in your pipe or is it a communal pipe?.


The fact that the sink overflowed when the flat was empty is irrefutable evidence that the pipe is shared.
That established it comes down to what the lease says on responsibility for the communal drains.

mc2fool
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Re: Waste pipes legality for freehold flats

#666566

Postby mc2fool » May 30th, 2024, 12:34 am

Dicky99 wrote:
mc2fool wrote:Yes, it is. They need to make their minds up: is the problem in your pipe or is it a communal pipe?.


The fact that the sink overflowed when the flat was empty is irrefutable evidence that the pipe is shared.
That established it comes down to what the lease says on responsibility for the communal drains.

You miss my point....

Dicky99
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Re: Waste pipes legality for freehold flats

#666581

Postby Dicky99 » May 30th, 2024, 7:55 am

mc2fool wrote:
Dicky99 wrote:
The fact that the sink overflowed when the flat was empty is irrefutable evidence that the pipe is shared.
That established it comes down to what the lease says on responsibility for the communal drains.

You miss my point....


I don't think so. It seems they've made up their minds that it's the OP's issue and require this clarification.

mc2fool
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Re: Waste pipes legality for freehold flats

#666585

Postby mc2fool » May 30th, 2024, 8:21 am

Dicky99 wrote:
mc2fool wrote:You miss my point....

I don't think so. It seems they've made up their minds that it's the OP's issue and require this clarification.

And one way of clarifying it to them would be for the OP to tell them that if they think it's the OP's pipe and not a communal one, then the OP can fix the issue as they think fit, including stopping other flats waste going into it in the first place.

Note, I'm not suggesting the OP actually does the latter, just presents it as a point to help their understanding -- although I am curious as to where the water would go if the pipe was disconnected at the bottom of the white section and it flowed into the gully below the balcony ... ;)

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Re: Waste pipes legality for freehold flats

#666755

Postby Crazbe7 » May 30th, 2024, 11:02 pm

mc2fool wrote:
Dicky99 wrote:I don't think so. It seems they've made up their minds that it's the OP's issue and require this clarification.

And one way of clarifying it to them would be for the OP to tell them that if they think it's the OP's pipe and not a communal one, then the OP can fix the issue as they think fit, including stopping other flats waste going into it in the first place.

Note, I'm not suggesting the OP actually does the latter, just presents it as a point to help their understanding -- although I am curious as to where the water would go if the pipe was disconnected at the bottom of the white section and it flowed into the gully below the balcony ... ;)


It is clearly a joint down pipe from the photographs. The upstairs flat has two routes into the down pipe. One direct connection, the other using the OPs connection.

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Re: Waste pipes legality for freehold flats

#666758

Postby mc2fool » May 30th, 2024, 11:20 pm

Crazbe7 wrote:
mc2fool wrote:And one way of clarifying it to them would be for the OP to tell them that if they think it's the OP's pipe and not a communal one, then the OP can fix the issue as they think fit, including stopping other flats waste going into it in the first place.

Note, I'm not suggesting the OP actually does the latter, just presents it as a point to help their understanding -- although I am curious as to where the water would go if the pipe was disconnected at the bottom of the white section and it flowed into the gully below the balcony ... ;)

It is clearly a joint down pipe from the photographs. The upstairs flat has two routes into the down pipe. One direct connection, the other using the OPs connection.

Another person missing my point ... but I don't see any "direct" route: as the OP says "The waste pipes from upstairs all route into my flat". That's just below the white section that I'm wondering what would happen if it were disconnected....

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Re: Waste pipes legality for freehold flats

#666764

Postby Crazbe7 » May 31st, 2024, 6:48 am

mc2fool wrote:
Crazbe7 wrote:It is clearly a joint down pipe from the photographs. The upstairs flat has two routes into the down pipe. One direct connection, the other using the OPs connection.

Another person missing my point ... but I don't see any "direct" route: as the OP says "The waste pipes from upstairs all route into my flat". That's just below the white section that I'm wondering what would happen if it were disconnected....


Look at the photographs the OP has provided. The OP has not accurately described the layout of the pipework from the flat above. My description is accurate.

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Re: Waste pipes legality for freehold flats

#666770

Postby mc2fool » May 31st, 2024, 7:30 am

Crazbe7 wrote:
mc2fool wrote:Another person missing my point ... but I don't see any "direct" route: as the OP says "The waste pipes from upstairs all route into my flat". That's just below the white section that I'm wondering what would happen if it were disconnected....

Look at the photographs the OP has provided. The OP has not accurately described the layout of the pipework from the flat above. My description is accurate.

I have. This is the relevant bit. In particular the last photo which shows the downpipe going into the OP's flat, at which point it (apparently) joins their internal waste pipework and runs horizontally through to the other side of the building and out.

Personally I'd say that internal part is the OP's pipework being misused as a communal pipe.

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Re: Waste pipes legality for freehold flats

#668314

Postby Patty313 » June 10th, 2024, 4:12 pm

mc2fool wrote:
Crazbe7 wrote:Look at the photographs the OP has provided. The OP has not accurately described the layout of the pipework from the flat above. My description is accurate.

I have. This is the relevant bit. In particular the last photo which shows the downpipe going into the OP's flat, at which point it (apparently) joins their internal waste pipework and runs horizontally through to the other side of the building and out.

Personally I'd say that internal part is the OP's pipework being misused as a communal pipe.

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thanks mc2fool. Sorry for my delayed response. I still haven't heard back from my neighbours. I'm now considering a cctv survey to be done to confirm that the downpipe is going into my flat. Sorry I have a stupid question, what's an "OP"?

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Re: Waste pipes legality for freehold flats

#668317

Postby mc2fool » June 10th, 2024, 4:31 pm

Patty313 wrote:thanks mc2fool. Sorry for my delayed response. I still haven't heard back from my neighbours. I'm now considering a cctv survey to be done to confirm that the downpipe is going into my flat. Sorry I have a stupid question, what's an "OP"?

Original Poster: the person who posted the first post in the thread (you in this case), or sometimes Original Post: the first post in a thread (or sometimes sub-thread).

I thought that was well and truly confirmed already?!?

I'm not sure you should be waiting for anything. I think you are in danger of letting an open opportunity pass you by, being to try and make sure that the buyer of the upstairs flat knows there is a problem. I'm not actually sure how you can reliably go about that, I'd like to think that if you approached the seller's estate agents they would be required to pass that info on to the buyer, but I'm not sure. Probably best would be just to ask your solicitor what the right way would be (at risk, of course, of them saying: through us, at £180/hr).

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Re: Waste pipes legality for freehold flats

#668463

Postby Patty313 » June 11th, 2024, 3:20 pm

mc2fool wrote:
Patty313 wrote:thanks mc2fool. Sorry for my delayed response. I still haven't heard back from my neighbours. I'm now considering a cctv survey to be done to confirm that the downpipe is going into my flat. Sorry I have a stupid question, what's an "OP"?

Original Poster: the person who posted the first post in the thread (you in this case), or sometimes Original Post: the first post in a thread (or sometimes sub-thread).

I thought that was well and truly confirmed already?!?

I'm not sure you should be waiting for anything. I think you are in danger of letting an open opportunity pass you by, being to try and make sure that the buyer of the upstairs flat knows there is a problem. I'm not actually sure how you can reliably go about that, I'd like to think that if you approached the seller's estate agents they would be required to pass that info on to the buyer, but I'm not sure. Probably best would be just to ask your solicitor what the right way would be (at risk, of course, of them saying: through us, at £180/hr).


Hi mc2fool - I haven't had a chance to borrow your sentence, "Personally I'd say that internal part is the OP's pipework being misused as a communal pipe."
I emailed the neighbour asking them to provide me downstairs' building extension plan, which should show whether the original waste pipe was modified and redirected to my flat. My suggestion was that perhaps the plan can give us enough informatio to save the need for a CCTV survey and the associated costs. No one responded yet.

The seller didn't give us any information about her real estate agent. I'd like to think that they'd require my signature too, as when I purchased this flat 2 years ago, the seller needed their signature. It took them 3 months to collect the signatures then, which made me almost missed my mortgage by 1 day! The stress that I had to deal with them since before I moved in. But no one has contacted me yet. I'll keep you all posted. Thanks again as always.

p.s. thanks for explaining to me OP. =)

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Re: Waste pipes legality for freehold flats

#668466

Postby mc2fool » June 11th, 2024, 3:35 pm

Patty313 wrote:The seller didn't give us any information about her real estate agent.

There isn't an estate agent's board outside?

Patty313 wrote:I'd like to think that they'd require my signature too, as when I purchased this flat 2 years ago, the seller needed their signature.

Doubtful. What would be needed is the signature of the landlord ("license to assign") but that's the freehold & management company, so that will (should) be provided by the other director.

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Re: Waste pipes legality for freehold flats

#668467

Postby Patty313 » June 11th, 2024, 3:38 pm

mc2fool wrote:
Patty313 wrote:The seller didn't give us any information about her real estate agent.

There isn't an estate agent's board outside?

Patty313 wrote:I'd like to think that they'd require my signature too, as when I purchased this flat 2 years ago, the seller needed their signature.

Doubtful. What would be needed is the signature of the landlord ("license to assign") but that's the freehold & management company, so that will (should) be provided by the other director.


>>There isn't an estate agent's board outside?
No. and I'm searching online and can't find anything so far

>>Doubtful. What would be needed is the signature of the landlord ("license to assign") but that's the freehold & management company, so that will (should) be provided by the other director.[/quote]

I've only become a director as of last Friday after I requested them to do so.

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Re: Waste pipes legality for freehold flats

#668471

Postby mc2fool » June 11th, 2024, 3:51 pm

Patty313 wrote:>>There isn't an estate agent's board outside?
No. and I'm searching online and can't find anything so far

>>Doubtful. What would be needed is the signature of the landlord ("license to assign") but that's the freehold & management company, so that will (should) be provided by the other director.

I've only become a director as of last Friday after I requested them to do so.

Try sticking your postcode into https://www.rightmove.co.uk/, https://www.zoopla.co.uk/ and https://www.onthemarket.com/.

Now being a director gives you some clout. You can now ask who the seller's estate agent and the solicitors are, and ask to see the LPE1 the company provided to the solicitors for the flat, and let the solicitors know if there's anything not right about it. Of course, you can ask but they may continue to just ignore you, in which case you'd need to get your solicitors involved.


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