Removal of rainwater drainage from adjacent retail premises?

Questioner

The rainwater drain from the adjacent shop ends up on our roof. Which in turn creates the necessary extra water that our drains do not have enough capacity for. Which results in leaks in my building. Is this enough to file a claim for removal? It is not known whether this drain has been there for more than 20 years.

Lawyer

The water from the adjacent shop must not cause any damage or inconvenience to your premises. This could be considered unlawful. Your first step should be to talk to the owner of the other premises and find a solution - for example by better distributing the rainwater or increasing the capacity of the drainage. If this conversation does not lead to a solution, you can start a procedure at the court. The situation can probably be qualified as an unlawful act (art. 6:162 BW). This gives you the right to claim damages and/or impose a ban on further damage. Please note that in such a procedure it is important to substantiate that there is indeed damage and that this is a direct result of the actions of the neighbour. Consult a lawyer or attorney to help you further with this situation. If the drain has been there for more than 20 years, the owner of the adjacent property could claim that an easement has been created ('easement by prescription'). In such a case, the drain may not need to be removed. It is then advisable to seek legal advice to see whether this argument holds and how you can respond. The actual situation and the precise details are of great importance in assessing your options, so it is wise to ask an expert for advice. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.