Shared private drain issue, need solicitor recommendation

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Cheese456

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I'm having issues with a shared drain running at the back of a group of houses.

There is an issue that requires excavation in one property but the owner has their head in the sand and won't take action.

I need legal advice but not sure where to go! Based in north Dublin. Are there solicitors that specialise in this sort of thing?

Any recommendations welcome.
 
Thanks Sue Ellen, I have had a look at most of those. I'm more looking for recommendations for a solicitor. Have had all the surveys etc done so know the extent of the issue.
 
I would just prefer to find a solicitor that has some experience with similar type cases. Would a solicitor that deals with general conveyancing have experience with this?
 
I would have thought more a practice/individual specialising in planning/environmental issues might be what your need.
 
Cheese456 said:
I'm having issues with a shared drain running at the back of a group of houses.

There is an issue that requires excavation in one property but the owner has their head in the sand and won't take action.

I need legal advice but not sure where to go! Based in north Dublin. Are there solicitors that specialise in this sort of thing?

Any recommendations welcome.
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I have exactly this issue, but have passed it over to Irish Water to resolve. In my case they have accepted that it is their responsibility. Specifically the fact that the drain is in my back garden was initially suggested as a reason why they were not responsible, however on further looking at it they changed their minds. Would they accept it in your case.
 
Not much information here but you might need to get a district court works order, in which case most general practice firms should be able to deal with it
 
Cheese456 said:
Thanks Sue Ellen, I have had a look at most of those. I'm more looking for recommendations for a solicitor. Have had all the surveys etc done so know the extent of the issue.
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What are you hoping the solicitor can achieve. Is there no way to negotiate with the neighbour. Is it a question of costs. Going the legal route can be costly and a battle might become a long war.
 
cremeegg said:
I have exactly this issue, but have passed it over to Irish Water to resolve. In my case they have accepted that it is their responsibility. Specifically the fact that the drain is in my back garden was initially suggested as a reason why they were not responsible, however on further looking at it they changed their minds. Would they accept it in your case.
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Thanks a million for responding. We have attempted to get Irish water on board but they have just shrugged us off and we have a letter from them saying as much.

Did your case have a council tenant involved in one of the houses in the shared drain or any other mitigating circumstances? Did it get to the point where raw sewage was coming out of the ground? I'm wondering what it will take for them to engage. The legislation seems to have some responsibility but they are spinning it that's it's all on us.

We would have no issue paying for the work, but much of the work is not on our property and the neighbour involved will not do anything.
 
Bronte said:
What are you hoping the solicitor can achieve. Is there no way to negotiate with the neighbour. Is it a question of costs. Going the legal route can be costly and a battle might become a long war.
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We want a functional sewage system. We want to not be constantly in fear that it will seize up completely. We want there not to sewage leaking into the ground on our and our neighbours property.
The neighbour will not engage at all so unfortunately we don't have a choice I don't think :(
 
Sue Ellen said:
Just wondering if you have been able to get advice from possibly local TD/Councillor?
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Great suggestion, have actually reached out to them recently and will keep in touch with them. Not sure if they'll be able to get engagement from Irish water or anyone else but worth a try.
 
MHoran379 said:
Not much information here but you might need to get a district court works order, in which case most general practice firms should be able to deal with it
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Ok good to know. Have started reaching out to general practices and have had a few nos. Hopefully get some interested in the coming weeks.
 
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