Legal assistance in case of neighbourhood conflicts and sewerage

Questioner

I have a house from 1923. The sewage system from that time is shared and runs through my neighbors' property. Now after a conflict they want us to build our own sewerage. We have been living next to each other for 23 years. Can this just happen?

Lawyer

Yes, I'm afraid so, but it might take some time. The law stipulates that you, as the owner of your home, must take care of the sewerage system yourself, from your home to your property boundary. The municipality will then take over from you. The point where the municipality takes over from you is called the house connection. Your house connection now runs via the neighbours. This is much more common in the Netherlands, including in former rental properties. Your neighbours own their own property, but not your sewerage, if it runs over their land. However, if nothing has been specifically arranged, your neighbours can force you to move your sewerage to your own property in the long term. I think - but I don't know the facts - that you may have a right of superficies (or have acquired it, through prescription) to have your sewerage at your neighbours. However, that right is not inviolable, certainly if your neighbours can demonstrate that you can also install sewerage on your own property. And then it becomes a balancing of interests again: between your neighbours on undisturbed enjoyment of their own plot and you to install new sewerage (which also costs money, perhaps around €100.00 per linear metre). So there are a number of legal issues involved and I cannot judge from here whether you or your neighbours are right. I advise you to see if there are any possibilities to solve the conflict with the neighbours, simply over a cup of coffee. That is not only cheap for your house connection, but also very important for your living pleasure. If that does not work and your neighbours continue to think that you should move your house connection, then contact me or one of my colleagues on this website.

Questioner

Thanks for the quick response. What do you mean by that could take a while? What about easement by prescription? Installing a drain ourselves is going to be very difficult for us. It has to go through the house, with all the demolition involved. Drinking coffee with the neighbors is not an option, conflicts have been going on for 20 years. If it gets to the point that a lawsuit has to take place, because they are threatening to do so. My question is what would that cost?

Lawyer

Your neighbours have not just arranged for you to install your own sewerage system. A lawsuit will have to be filed about this and that can take 1.5 to 2 years. An easement can arise by prescription, but the law sets strict requirements for this. I do not know whether you meet these requirements, that requires more research. For a lawsuit, expect to pay approximately €4,000 - €8,000.