Legal advice on drainage and easements
Questioner
Hi We bought our house 2/3 years ago. There is now a garden shed at the back of the garden with the water drainage on the outside of that garden shed. The land behind the garden shed used to belong to the municipality. It's where the drain is located. Now, the neighbors bought the land a few years ago. The drain was already there then. Now they want us to move the water drain because they want to put a roof there. Should we comply with this? Since the drainage system was already in place before they bought the land?Questioner
If the drainage system is located on their land (directly or above it), this constitutes an easement, evident from a deed, or an easement acquired through prescription of the legal claim if 20 years have already passed. However, lower-lying properties must receive water from higher-lying properties.Take the next step
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