Easement and Sewer Maintenance: Who Pays?

Questioner

If maintenance or unblocking is required on a sewer system that falls under an easement (semi-detached house with 1 sewer connection), do both parties have to pay? Even if one party claims not to be affected by the blockage!

Lawyer

This depends on whether this is on the separated part or on the shared part. If the blockage is on the shared part of the sewer, this is shared. From your story I understand that the blockage is only on a part of the sewer that you are using and then you are responsible for that part of the sewer.

Lawyer

Well, that depends: (a) where exactly is the blockage? In a part that falls under the easement or not? And if that is known, the next question arises: (b) What have the parties to the easement agreed upon? After all, many dominant estates pay a contribution for the easement (this is called a 'canon' to the servient estate), so that the servient estate can carry out maintenance.