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slp0210 | 19:08 Mon 12th Jul 2010 | Property
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i need help!!! i moved into my brand new persimmon house 31 months ago only to recently find out that the pipe work and drainage in my culdesac is wrong and they can't sign it over to the water board until it's put right. to enable them to do so they have to dig up my whole driveway and garden and build a walk way for me across my neighbours front garden and build me a temporary parking bay on a patch of waste ground to park our two cars. my husband is a night shift worker and due to the noise and heavy machinery from 8am for a minimum of three weekshe will find it very difficult to sleep. am i within my rights to object to this as they aren't the water board and does it seem unfair to seek compensation to enable us to move out whilst the work goes on?
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No iy doesn't seem unfair to seek compensation but that doesn't mean that you will get it...not sure what difference it makes to your case whether or not they are the water board?
i'd deffo seek compensation - mainly for the fact that ur partners sleep will be disturbed. When you write, (a very firm) letter unclude the costs of B n B's or hotels in your area and say he may need to stay there.
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i was told that only the water board, gas and electricity companies have the right to gain access to your property without your permission as you sign for this on your deeds, so this two bit drainage company have to have my approval to do the work is this right?
Does it matter whether they are the waterboard or not?
The work has to be done, whoever does it.
Why wouldn't you want the work done? Presumably, if it's not done, you'll end up without a water supply and without drainage!
Why do you think the company is two bit?
In my experience drainage companies are hard working and reputable - usually subcontractors for the waterboard.
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because the work has nothing to do with my property, doesn't affect my drainage, it just so happens that the pipe work and drainage run under my drive way and garden, and they couldn't do the work properly the first time, the work is substandard and the water board want nothing to do with it. they have also changed their story about what the problem is three times
You can of course ask. But I think (and apparently others think the same) that you are pushing your luck to expect to be put into temporary accommodation.
Yes, you can probably refuse to allow the company access but you will possibly push them into a corner that might then start legal action to force you to allow access. Even though the pipework is installed wrong, if the proper design was supposed to pass under your land, you can be 100% sure that there will be a covenant over your land entitling a neighbour who also uses the same pipes access to your land to install/repair the pipes. So, all Permisson would have to do is persuade a near neighbour that they were acting on behalf of and with the authority of them. Then you'd be up a gum-tree.
If you bought from new sometimes the developer puts a clause in that they can do this sort of thing. I would check that somewhere.

Just out of curiosity what area are you? (not address or anything just north sout coast scotland etc)
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i'm in south wales

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