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?

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Produced in partnership with Jo Hannah of Winckworth Sherwood
Published on: 10 September 2019
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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

Jo Hannah
Jo Hannah chambers

Jo has over 20 years experience of dealing with Planning, Highway and associated matters. She started her career in local government and became the Head of the Planning and Highways legal team at a metropolitan authority. Having joined private practice she regularly advises private and public sector clients on a range of planning matters including on major regeneration schemes in London including providing advice on complex CIL issues and Section 106 agreements. She has advised on heritage matters including the negotiation of Heritage Partnership Agreements in respect of large heritage assets. She also advises on appeals and enforcement matters. In addition to planning she has been involved with resisting applications to list buildings and land as assets of community value and in resisting many applications to have land listed as a Town and Village Green. She also has the experience of advising on complex highways matters in both the public and private sector. She is recognised in Chambers and Legal 500 as a 'recommended lawyer'.

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Jurisdiction(s):
United Kingdom
Key definition:
Easement definition
What does Easement mean?

A right to use land in a particular way that does not confer a right to take the fruits of the land or a right to possession.

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