Can my neighbor run a drain pipe through his facade into my gutter?

Questioner

The neighbors are renovating their attic. Today I climbed onto my roof to clean my gutter on that side (sloping roof that is perpendicular to their sloping roof so my gutters run from the street to the garden and their gutters run the width of their house). My entire gutter was full of rubble and waste from their work, I noticed. The gutter was also full of hardened cement, which I can't get rid of anymore. Not nice of those (new) neighbors, I have to say. And now I also saw that they have made a hole in their facade through which a pipe protrudes that ends in my gutter. I didn't know anything about it. My question is: is that allowed? Apart from the fact that it was not discussed with me. Thank you very much in advance for an enlightening answer. Kind regards,

Lawyer

In principle, the course of the rainwater discharge may be changed, but not if this leads to unlawful nuisance. I think that this is not the case because of the connection. However, a form of easement does arise and therefore also the obligations that go with it.

Questioner

Thank you for your answer. Upon inquiry, it concerns a pipe from a boiler or central heating boiler for overpressure or condensation for which they were looking for a drain and then they made a hole in their facade for that pipe, put that pipe through it and let it end through the facade in my gutter to let the water/condensation drain off there. Technically speaking, that is not the right way to work, but that is up to them. Moreover, it is not something temporary, e.g. during work, but permanent. However, they did not ask me at all whether they could use my property for that. Easement, okay. But unsolicited discharge/discharge on someone else's 'property' and while there are other solutions, is that then okay and permitted?

Lawyer

No, permission is required to be allowed to drain. It is true that not giving permission cannot be justified under certain circumstances. In particular not because of your neighbourly duties on both sides. So I think a procedure goes too far unless there is serious nuisance. The right to drain can be arranged also for a small fee, the same for maintenance and repair of the gutter that will now be used by more owners.

Questioner

Thanks for your response. They did not ask permission to use my gutter. I discovered it by chance, when I went to clean my gutter. So it is already too late for that. And is there no distinction made at all between types of drainage? This is not about rainwater. The drainage of my gutter is in my garden and in my rain barrel. What if they soon - I am going to think of something crazy - for example connect a washing machine to their self-made drainage in my gutter? That should all be possible then?

Lawyer

No, it is about running water, no distinction is made. You may refuse permission, but even that refusal may be unlawful in certain cases, for example because the drainage section is not really used in an obstructive manner. Moreover, but I do not know that, it may be that the right to drain the higher parts to those of the neighbours has already been arranged in the deed of sale under the heading easements.

Questioner

Thanks again for your response. I have made inquiries with the municipality. It is not permitted to 1. use my property, or my gutter, without asking and therefore without permission and 2. install a drain that belongs in their own drainage system to the sewer and not in a gutter of someone else. The neighbours can perfectly well use their own drainage system in their own lower areas for this. I know that I am being rather unyielding, but when I saw the devastation in my gutter and the amount of rubble from the work that they are all doing themselves, it was not left neatly after even the unauthorised use of someone else's 'property'. My roof tiles are also full of caked cement because they spilled a lot when they were demolishing the chimney/brickwork facade. My deed of sale clearly states in bold: there are no easements.