Problems with sewer and neighbors? Ask a lawyer!

Questioner

I live on the outside of a row of three. The neighbours in the middle have had a sewer running under our terrace at the back for years, and only after our kitchen does our sewer also go on it. Now the part under the terrace had sunk. The neighbours sent a plumber who claimed high and low that all costs would be covered by the neighbours. We then gave permission for the work to be done. Now we are getting a bill from the plumber for half of the costs, at the insistence of the neighbours. We refused to pay, whereupon the neighbours, in order not to dupe the plumber, paid the entire bill, and now give us 14 days to pay them half of it. The neighbors themselves never consulted about the costs in advance. The purchase agreement does not mention sewerage rights. The houses were built in 1940. My questions: 1. Are the neighbors responsible for the part of the sewer that only they use? So: if it gets clogged or needs to be replaced, do the neighbors have to pay for it, even if it runs under our terrace? 2. Could I oblige the neighbours to lay their own sewer under their own floor to the municipal sewer for the houses? They claim that this is not possible because of a special type of floor that they had laid during a renovation.

Lawyer

1. Yes, I think so. The sewer that you do not (yet) discharge into is not your property - even if it is in your land - but your neighbours'. And therefore also responsible for management and maintenance. Incidentally, these types of situations occur frequently in the Netherlands, certainly in older homes. It was often cheaper to take the fastest route to the municipal sewer or all homes were once owned by one owner - such as a housing association. 2. No, not automatically. You will have to solve this together with your neighbours and reasonableness and fairness play an important role in this. The costs of moving or installing a new sewer can be much higher than maintenance at the current location. You also have to take the history into account together.