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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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The soil pipe from the lavatory in my property vents into the

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The soil pipe from the lavatory in my property vents into the soil & vent stack on my neighbours property and has done so for the last 30 years. I am now being requested to remove the soil pipe on my side. Do I have to comply with this request?
Hi,

Is the right to vent documented in the title register for either property at the land registry?

Tom
Customer: replied 4 years ago.

There is no right to vent on the title but the previous freeholder (over 30 years ago) gave verbal assurances that she did not object to the pipe venting into the stack pipe on her property.

Hi,

Have you been personally witness to the use of the pipe for this purpose for 20 years or more?

Tom
Customer: replied 4 years ago.

Yes, I have and so has my wife.

Hi

Thanks for your patience.

If the easement is not registered on title to the property then you would have to claim that you have acquired an easement for this right by prescription. Where a right has been exercised without dispute for a period of 20 years it can be claimed to be legally acquired.

This being the case you would have to execute sworn statements to this effect and, if possible produce other documentary evidence to confirm the length of time it has been used for.

You should see a local property solicitor to respond to the letter and prepare and application to register the easement against both legal titles by way of prescription.

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Kind regards,


Tom
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