Who is responsible for a partial discharge?

Questioner

I have a partial drain for rainwater together with the neighbours and that pipe runs through our garden to the main drain. Now it does not drain properly at the main drain to keep up with it when it rains a lot like yesterday. Now the neighbours want us to have it checked because it is on our land. Because their garden will be flooded if it rains too hard. We ourselves have no problems because it runs up through their garden. Do we have to have it checked and if so, who will pay for the costs incurred or can we ask/demand to arrange their sewerage ourselves in another way if they are bothered by it?

Lawyer

You share the use of the rainwater drainage system and the associated works are all shared, so you must jointly ensure repairs and maintenance.