Legal Assistance for Septic Tank Problem

Questioner

We have a septic tank in our front garden from the neighbours. We have asked the neighbours to remove it because we have moisture problems because of this well in the house. The well is 6 metres long and is 1 metre from our house and since we live in the countryside, we discharge our rainwater into the gardens, but the water cannot drain away through the well. The neighbour has connected the sewer to the municipal sewer and thinks that I should remove the well because it is my garden.

Lawyer

Every owner is obliged to ensure proper drainage of their own sewage. This is almost always a connection to the sewer. In the past, there were indeed many septic tanks in use, especially in rural areas. And these were sometimes placed in the ground at the neighbours, if that was more convenient. If this tank is now lying idle in your garden and only has a connection from your neighbours, then this tank is part of your neighbours' house/plot and is therefore comparable to a gutter or overhanging balcony: completely or partially above or in the neighbours' ground, but still belonging to your own home. If the tank no longer has a function (your neighbour has realised another provision, namely a direct connection to the sewer), then you have the right to ask the neighbours to remove the tank, at their expense. I do make a reservation, because it is possible that the facts bring a different view of the matter. To this end, write a letter to your neighbors and give them ample time to remove the tank. If they don't, you can consider legal proceedings. In that case, hire a lawyer to investigate the matter thoroughly and outline the best solution for you.