Ask Jonathan: We live in the middle of a terraced row of houses but since March we have been experiencing problems with our drains which have become blocked on three occasions. We suspect that the problem is with the drains of a neighbouring property.

A: This issue you raise is one of the perennial sources of disputes between neighbours. As the law stands at present, private drains and sewers are the responsibility of the house owners and occupiers, while public sewers are the responsibility of the water and sewage companies. Who is responsible will therefore depend on where the blockage is and how the drains are connected to the mains.

As you will know, often private drains are shared and their repair and maintenance is the joint responsibility of those who connect into it. This often means people are responsible for drains under other people’s land. This leads to disputes between neighbours, as do issues about responsibility and sharing the costs of repairs.

The Government has acted to end this source of dispute. From October 1, 2011, the water and sewage companies will take over responsibility for the maintenance and repair of jointly-used sewers. You will still be responsible for your own drain, which is used only by you, until it crosses the boundary of your property or it connects to a jointly-used drain connecting it to the public sewers.

The water companies’ costs will be shared with everyone in the area through their water bill and will lead to a small increase in their charges.

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