Q&As
What happens to private drainage easements when the drain is transferred to the statutory undertaker pursuant to the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566? Are the formal rights of the private easement extinguished as a result of the adoption?
Are private drainage easements extinguished a result of the Water Industry (Schemes for adoption of Private Sewers) Regulations 2011?
Under the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 (the 2011 Regulations), SI 2011/1566, the ownership of private sewers and lateral drains which connect to the public drainage and sewerage system were vested in the relevant water and sewerage companies (statutory undertaker(s)), with some exceptions.
The 2011 Regulations, SI 2011/1566 were made under section 105A of the Water Industry Act 1991 (WIA 1991) which permits the Secretary of State to make regulations allowing schemes for the adoption by statutory undertakers of sewers and drains under WIA 1991, s 102. WIA 1991, s 102 allows a statutory undertaker to declare that any sewer or drain situated in its area which feeds into
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