Do I have to make a sewer for the neighbor myself?

Questioner

I have a house that I rent out. For a year now, there has been a new neighbor, a real estate developer who has built an extension and now also wants to build a roof terrace. I have no further problems with this, except for the damage that this has caused, but that is another matter. My water drainage from the roof runs together with his water drainage into his sewer. The drainage of the sewer was made on my land without consultation, while it has always been on his side. The pipe also runs over my facade, while it has always run over the facade of the neighbors. This was all done without consultation. I was assured that everything was bricked up and that the drainage of the sewer would be in his extension, which is not the case. Now he has also connected a drainage from his roof terrace to the sewer. That drainage runs back onto my land. I totally disagree with this. Firstly, the sewer probably cannot handle this and secondly, something is running onto my land again and this time it really belongs to him and not to me. He could also have arranged the drainage internally or let the rainwater run into his garden. I would like to know what my rights are in this case. Can I say that he has to remove the rainwater drain from the roof terrace from my land and that he has to let the water flow into his garden or let it flow into the sewer? And can I say that the sewer has to be in his extension and not on my land? The rainwater drain has to go to the side anyway because it is now in front of my ventilation duct. Can he say that I have to make a sewer myself? Even if the sewer has been shared with my neighbours for 25 years?

Lawyer

Depending on your situation, there are likely to be several aspects of Dutch law involved, in particular neighbour law and property law. Firstly, a boundary such as a sewer may not be moved without the consent of the neighbour. In addition, according to the Civil Code, you may not simply drain the groundwater on your neighbour's property. The water must be processed on your own property, unless mutual agreements have been made about this. In general, neighbors are responsible for damage to their neighboring property caused by construction work. It is important to contact the property developer and discuss what steps can be taken to repair any damage and prevent future damage. In your case, if your neighbor has moved the drain without your permission, you may give him instructions to correct it as long as those instructions are reasonable. Also, if the drain is causing a serious nuisance, you may be able to demand that the drain be corrected, regardless of whether the drain is legal. --------------- 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.