Sewer problems with neighbors? Discover your rights!


Questioner

I have a shared sewer with the neighbors. The main pipe runs under my house. The toilet, bathroom and kitchen discharge together with my sanitary facilities etc. into that pipe and through that to the main part of the municipality. The house next to me was recently sold. Can I demand that the new owners install their own sewer?

Lawyer

It is possible that an easement was established in the past to maintain this situation. If the easement was not explicitly established, it could also have arisen by prescription. If there is an easement (arising through establishment or prescription), you cannot demand that the new neighbours install their own sewer, but they may want to make an agreement about this because the existing situation is not ideal for them either, but they are not obliged to do so if they can rely on an easement.

Lawyer

Yes, you can, but it's not that simple. 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 plot, but not your sewerage, if it runs over their land. However, if nothing has been specifically arranged, you can force your neighbours to move your sewerage to your own plot 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. Legally speaking, there are a number of pitfalls. I advise you to see if there are any possibilities to solve the conflict with the neighbours, by means of a conversation with coffee or tea. That is not only cheap for your house connection, but also of course very important for your living pleasure. If that does not work and you both stick to your position, you can contact me directly.

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