Shared sewerage

Questioner

I took over my house from Vestia in 2013 and on April 1st I want to renovate my shower and install a toilet in it. For this I have to install a new drain and with that I move the old drain. Now I have seen that the shower of the neighbor/Vestia is also connected to the old drain, I then sent Vestia an email on January 12th asking if they could feed this drain higher, since this pipe now comes in so low that I have to lower my ceiling by about 40 centimeters. Today they finally came by and are already being difficult and referring to an article in the sales agreement. (See bottom text) If I read this I would say that it expires after 1 year and that like everyone in the Netherlands, they should have their own sewage drain. I would like to know if I can indicate to them that they should cooperate and whether they should install their own sewer drain. I would like to hear from you what I can do about this now. In addition to Article 5.2, with regard to applicable and/or to be established easements, special charges and restrictions, separate rights, chain clauses and other charges and restrictions, to the extent known to the seller, referred to the draft deed of delivery. Seller is not responsible for (the absence of) unknown and/or prescription-related easements, limited rights, qualitative obligations, chain clauses, etc. In addition, it generally applies that the existing usage situations with regard to, among other things, footpaths, windows, light, view, openings, beams, anchoring, installation, overhang, sewers, drain pipes, gutters, gullies, etc. in the deed of delivery as easements and/or as qualitative obligations and/or chain conditions, to the extent necessary, will be regulated. Buyer hereby grants an irrevocable power of attorney to seller, with the power of substitution, to (usage) situations, in the broadest sense, if necessary up to one year after delivery, to be legally regulated by notarial deed by establishing easements and/or qualitative obligations and/or chain clauses

Lawyer

Your neighbour's landlord has an easement of drainage on your sewer and that is a limited property right. You may not simply force the landlord to lift it for the reason you mention. The seller has committed himself to register unknown property rights within a year, otherwise you will have to do it for him. This is not very important as far as legal validity is concerned, that exists anyway. It is important to make the existing situation clear to third parties (subsequent buyers).