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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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MY NEIGHBOUR HAS HIS SEPTIC TANK IN MY GARDEN,IT WAS THERE

Customer Question

MY NEIGHBOUR HAS HIS SEPTIC TANK IN MY GARDEN,IT WAS THERE WHEN IMOVED IN.
I ARRANGE TO HAVE HIS AND MY SEPERATE SYSTEM SUCKED AND WASHED OUT EVERY 12MONTHS AND HAVE NOW CARRIED OUT THIS OPERATION FOR 3 YEARS FOR WHICH HE PAYS FOR..HE HAS TOLD ME THAT HE NOW HAS A PROBLEM WITH HIS DRAIN,WHICH I DO NOT BELIEVE IS ANY THING TO DO WITH HIS TANK ON MY PROBERTY BUT JUST A BLOGGED DRAIN.
DOES HE HAVE ANY RIGHTS TO COME ONTO MY LAND.AND COULD I ASK HIM TO STOP USING THE TANK IN MY GARDEN?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name is Tony, I can answer this for you.

tdlawyer :

Did you give rights of access to the neighbour in any agreement or deed concerning the land and the right to have the septic tank on your land?

JACUSTOMER-l2odj479- :

not that i am aware of

Expert:  tdlawyer replied 3 years ago.

Okay, then he cannot come onto your land without your permission. If he does this, it would be trespass and you would be entitled to issue an application in the county court for trespass, seeking an injunction to prevent him doing it again and damages by way of compensation. This would be done in your local county court using an N1 claim form.

He can't obtain access under the Access to Neighbouring Land Act 1992 as this relates only to situations where the neighbour intends to carry out works on their own land, but in this case, he wants access to your land to service something on it. Without your consent, this would be unlawful on the neighbour's part.

Tony