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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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What is the legal definition of "according to user"? I share

Customer Question

What is the legal definition of "according to user"? I share a septic tank and spring water supply with our neighbours, there are two adults in their household and only one in mine do they have to contribute two thirds of the repairs and maintenance and one third from myself?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No, "according to user" refers to the number of properties sharing a facility, not the number of persons within each property. If you share with one other property there will be a 50% liability on each property.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

A deed relating to the property was made between myself and a previous owner, it was known at the time that there would be two properties therefore I cannot understand why it referred to "according to user" rather than equal share. Is your reply confirmed by any legal judgment or precedent?

Thank you

Expert:  JGM replied 2 years ago.
It could simply be the way it was drafted or perhaps it envisaged further development at some time in the future.
It would be perverse to have to count the members of a household so as to calculate shared charges. According to user is always with reference to the number of heritable units, not to the number of persons. The burden on the title is heritable, not personal. That is the law of property. I am not aware of any specific precedent. It is just treated as being the law.