Who is responsible for rainwater nuisance? Get free advice and discover your rights and obligations!

Questioner

ls, Our neighbors' drainpipe ends on our property and discharges into our soil. At the bottom of this drainpipe, a huge puddle of water now forms during heavy rainfall, which causes the greatest nuisance, especially in the gardens of other neighbours. Our houses are quite close to each other. A plumber has already taken a quick look at the problem and reported that he cannot quite see what is causing the puddle of water. The drainpipe is not entirely sound, but the water is still flowing through it. The drainpipe itself is therefore not clogged. It is possible that there is a blockage at the bottom of the drainpipe (so in our ground). He would have to dig for this. Furthermore, a piece of the drainpipe runs under our garden in our garden, after which it continues into the garden of the neighbours with the great nuisance. Hopefully you still understand the story... Our question now is who is responsible for what. Who pays the plumber when he digs to see where the problem is. If there is a faulty connection at the bottom of the neighbours' drainpipe (i.e. in our land) or a loose coupling etc. are we then responsible and should we then bear the costs to resolve it. Or is this e.g. 50/50 because the neighbours discharge on our land? Or 100% because it concerns their drainpipe? Or is it even the case that the 'nuisance' neighbours should also pay?

Lawyer

Defects in the drainage sewerage on your own property are in principle at your expense and if you instruct a plumber to investigate and repair work, you will have to pay for it. Another aspect is the question on what legal basis your neighbours may use your land for drainage. This can be arranged in an easement (note that an easement can arise through prescription), but the main rule is that everyone drains on, via their own property and not via that of another.

Lawyer

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