High Court threat over right to sewage

ashleaf

Bought a house recently and obtained a Section 72 declaration that no easements or rights affected our house.

A few months after I moved in however, my neighbour asked could he discharge sewerage through my property. He claims that the derelict building he is renovating had prior access to the sewage line through a manhole in our garden, prior to the land being sold.

I turned him down, as the manhole is old and decrepit and not in use. Therefore any connection will require digging a new pipe through my garden, and Irish Water and the Planning Department both told me they had no right to do so without my permission.

Now they have sent a solicitor's letter threatening to take me to the high court if I don't grant them permission.

Surely a bluff, and they haven't a leg to stand on.

Please note, they can access the drain on the main road, but naturally, not for free, which is what they expect from me.

Would love advice from any experts on the matter.

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ashleaf wrote: »

Bought a house recently and obtained a Section 72 declaration that no easements or rights affected our house.

A few months after I moved in however, my neighbour asked could he discharge sewerage through my property. He claims that the derelict building he is renovating had prior access to the sewage line through a manhole in our garden, prior to the land being sold.

I turned him down, as the manhole is old and decrepit and not in use. Therefore any connection will require digging a new pipe through my garden, and Irish Water and the Planning Department both told me they had no right to do so without my permission.

Now they have sent a solicitor's letter threatening to take me to the high court if I don't grant them permission.

Surely a bluff, and they haven't a leg to stand on.

Please note, they can access the drain on the main road, but naturally, not for free, which is what they expect from me.

Would love advice from any experts on the matter.

You won't be able to get legal advice on boards. You should contact a solicitor.

ashleaf

I have a solicitor and not looking for legal advice.

Just looking for thoughts and opinions.

Paulw

Mod Note: No legal advice here. You need to contact your solicitor to check this out.