Ask a Law Question, Get an Answer ASAP!
Thanks for your enquiry.
Could you please tell me how long the neighbouring house has had the benefit/use of the cesspit?
I look forward to hearing from you.
Hello sorry for delay , yes they have had the use over 20 years which I think means they have some sort of easement in principle
Thanks for your reply.
You are correct, in that if the neighbour has been using the cesspit for 20 years or more, he has acquired what is called "an easement by prescription" which in effect means that he has acquired a legal right to use it and to continue to use it, without payment or charge.
I am not sure if the cesspit serves any other property, but if it used solely by your neighbour, then it is up to him to pay for any maintenace costs it may require. (ie just because he has acquired an easement to use it, does not mean that he does not have a duty to pay for its upkeep).
I hope this sets out the legal background for you.
If so, I would be grateful if you could leave positive feedback, but if you require any further clarification, please let me know.
Problem : he is now claiming we have damaged the pipework to his cesspit as tractors have been driving along the track between his house and the cesspit under which the pipes from the house to the cesspit cross. They have not ploughed or disturbed the earth at all but he still says I am responsible for replacing his pipework.
Thanks for your additional Question.
It is up to him to provide evidence that you have damaged the pipes- it is not up to you to prove otherwise.
I would therefore stand firm and tell him that you are not going to pay for the replacement costs.