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Our neighbours septic tank output pipe joins ours and then…

Our neighbour's septic tank output...
Our neighbour's septic tank output pipe joins ours and then goes to a soakaway on our land. If a septic tank is not de-sludged every six months or so solids can escape to the output pipe and consequently block up the soakaway. Our neighbours are refusing to empty their tank. Am I within my rights to give them notice that I will stop them using our soakaway, but allowing them time to have their own soakaway dug?
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Answered in 4 minutes by:
11/1/2010
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.

  1. Do they have a formal right to use your soakaway please?
  2. If so are there any conditions attached to this use?
  3. If they don't have a formal right, how long has the pipe been used by your neighbours?
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Customer reply replied 7 years ago

1. I have never seen a formal right to use our soakaway written on the deeds

2.Therefore no conditions.

3. The current owners have lived there for seven years, and we have a' discussion' about wether the tank need emptying every time. The previous owners had the tank emptied every nine months after advice from the septic tank emptying service.

  1. Do you have any knowledge as to when the connection was made?
  2. If not could you hazard a guess?
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Customer reply replied 7 years ago

The two properties were built in about 1988.

The position is that if there is no formal right in your deeds then your neighbours would have to prove a prescriptive right to use your soakaway. For this they would need to demonstrate that their property has enjoyed a right without your consent to have use of the soakaway for at least twenty years without interruption.

If they cannot show this with evidence then you will be entitled to give notice that they may no longer use it. If you agree to allow them to keep using it, consider asking them to sign a licence to prevent them from acquiring a prescriptive right as above.
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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