Regulation on maintenance and ownership of joint sewer?

Questioner

In 2020, we bought a house that - as it turns out - is connected to a shared sewer, which was built in the 1970s by the owners of 5 adjacent plots. Our house is the last to connect to this shared sewer. The other houses connect 'downstream' of our house. When we bought it, a deed of servitude for the shared road was passed, but we were not aware of the sewer at the time. Since the beginning of 2021, we have been experiencing periodic blockages in the sewer. In the meantime, our sewer has been flushed 4 times in two years, the penultimate time in March 2023. Each time, the problem is in the rear part of the pipe, furthest from our own house, where our sewer runs through our neighbours' property. When cleaning, we also have the part that comes after our property flushed to be on the safe side, but the problems keep coming back. During the last inspection and cleaning on November 17th, materials were also found in the sewer that we do not use (so-called moist toilet paper). So it seems that the problems are indeed outside our property and that due to a blockage there, the dirt is piling up in our direction. Due to the long sewer pipe, it takes a while before the problem reaches our house and the time comes again to have a blockage done, of course at our expense. My requests for cooperation in investigating the cause are refused by our direct neighbor. He thinks that we should not make our problem his problem. This neighbor came to live here a few years before us. Another neighbor - who has lived here since the beginning - indicates that at the time of construction, there was an INFORMAL homeowners association that arranged this together. There are a few notes known, but as far as he knows and we know, there is no deed for a homeowners association, so the easement for the sewer may not have been recorded. My questions to you are: 1. What cooperation from neighbors can I expect? Is our neighbor taking a fair position by stating that our problem is not his problem, which could result in us being condemned to regular sewer cleaning for the rest of our days? 2. If there is indeed no deed of servitude / VVE, how can this best be arranged? What legal obligation is there here that we can rely on - given the unwillingness to cooperate?

Lawyer

The answer to these questions is somewhat complex as it depends on specific circumstances, however I will try to highlight the main points. 1. You can expect certain cooperation from your neighbours based on the Civil Code. A claim can be made for the 'unlawful act' (Article 6:162 BW). This means that when someone commits an unlawful act (through an action or negligence), this person is obliged to compensate the damage that another person suffers as a result. If the problems you have are the result of a situation on the neighbour's property, this could possibly be seen as an unlawful act. However, it is important to know that this depends on the specific circumstances and that many factors can play a role, such as whether the neighbour was aware of the problems, to what extent it could reasonably be expected of him to take action, etc. 2. If there is no deed of servitude or VVE, this can indeed be complex. In this case, it is usually the best option to reach an agreement. If that is not possible, legal proceedings can follow. In some cases, a judge can establish a 'necessary easement' (Article 5:57 BW) if it is absolutely necessary for the use of the plot. In addition, the Civil Code also contains a general obligation of 'good neighbourliness' (Article 5:37 BW), which means that an owner or limited right holder may not use his property in a way that causes an unlawful nuisance to others. Please note that this is general information and is not specific to your unique situation. You may find it helpful to speak to a lawyer or attorney for specific advice regarding your situation.'