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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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In 1997 I allowed my neighbour To run a pipe from s septic

Customer Question

In 1997 I allowed my neighbour To run a pipe from his septic Tank through my Garden Ground To join into The Outlet pipe from my septic tank from where it goes through a field to discharge in a burn .
In 2012 I asked them to disconnect their pipe as I was having problem with water pooling in my garden ...they did not do this so I have asked them again and they say they have servitude by prescription .....I thought it was 20years for servitude.
Thank you
Maureen Gray
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
You are correct. A prescriptive servitude requires 20 years continual use without interruption. So their right doesn't perfect until 2017.
I hope this helps. Please remember to leave a positive rating so that I am credited for my time.