Who is responsible for communal sewer repairs?


Questioner

The following sewer/rainwater drains are connected to the same municipal sewer connection: - Own waste water and own rainwater drainage - Waste water and rainwater drainage from neighbors on the left - Rainwater drainage from neighbors on the right. This communal sewer drain runs through my property. A blockage occurs near the municipal sewer connection and all affected drains end up at this point. The neighbors who only discharge rainwater into this sewer connection do not want to participate in paying the repair costs. Their argument: I have not had any problems with that blockage and I will not have any problems because the water will never rise high enough to overflow my gutter. The fact that his gutter does not overflow can be explained by the physical law of communicating vessels. The gutter is not the lowest point in the sewer system. Now the question: Who is responsible for the repair/maintenance costs of the common sewer section?

Lawyer

I think in the deed (of sale) it will be stated that entitled persons will maintain their jointly owned property in proportion to use and enjoyment and contribute to the charges. The criterion that your neighbor raises is not legally valid: he has the use and enjoyment of drainage. The other entitled persons can request the judge to lift the easement if his attitude remains as it is.

Lawyer

additional to your answer/reaction: the easement is given back and forth to each other of a joint property (a pipework). Unless that pipework belongs to one person and this person grants the others an easement of drainage.

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