Costs for unblocking a shared sewer

Questioner

I share a communal sewer with 4 neighbours in my block that is connected to the municipal sewer at 1 point. I live in the last house, so if there is a blockage, the water in the toilet and shower does not drain away (it even comes back). After investigation and flushing several times (not always having the chance to inform my neighbours about this immediately due to the necessity of flushing) we jointly had the sewer replaced. These costs are shared. However, I paid the costs for unblocking. Investigation showed that roots were growing through the sewer and that it was an old sewer made of gres pipe (more than 50 years old) Now it is the case that another block of houses is also partly connected to the shared private sewer and that it often turned out that the blockage was approximately at this point. This connection was also shown on the drawing, but all the neighbours of the other block indicated that they had already diverted their sewer. When replacing our sewer, it turned out that some of them were still discharging into it. Previously, we had not been able to ask them to contribute to the unblocking and investigation costs. 2 of the neighbors in my row think that they do not have to pay for the flushing costs because the blockage was not with them. I wonder if this is right. I would like to hear from you. Thank you in advance! The purchase agreement states the following: This deed refers to an easement with regard to the sewerage system that was already established in 1964. The easement is established: reciprocally for the benefit and at the expense of the property sold under this deed (...) on the one hand and the plots of land owned by the sellers, registered in the land register as municipality xx section x number xxen xx on the other. The easement in question includes: the easement for the discharge of rain, household and toilet water and faeces through the existing gutters, sewers and manholes to the main sewer in the public street. The costs of maintenance, cleaning, clearing and renewal of the aforementioned gutters, sewers and wells shall be borne in equal shares by the owners of the properties concerned, insofar as any part of the aforementioned gutter and sewer system is benefited from.

Lawyer

It says what it says: the costs of replacement must be divided by equal parts. So divided by the residents who still use the easement.

Questioner

Thank you very much for your response. Even if this is only a very small piece? Because that is the argument of my neighbor.

Lawyer

The point is that the piping has to be replaced at some point due to age and is vulnerable to growth, apparently. Then all those entitled, but certainly those who benefit, must pay their share to the costs for maintenance. (unblocking)

Questioner

The blockages were always at the beginning of the sewer and the last neighbor in line (so using the shortest part of the shared sewer) continues to insist that because the blockages were at a point that she does not use / does not profit from, she does not have to pay for these costs. One of the other neighbors also believes that if this happens again in the future, she is not responsible for it. That is not right, is it? How can I explain this legally? Many thanks again.

Lawyer

No, that is certainly not correct, because if the drainage is not good, causing other problems, people will certainly complain. If the neighborhood remains stubborn, there is no other option than to write to them in legal language about what is going on. You can contact me about this, perhaps it will solve it now and prevent problems in the future,