Thank you. I am suprised there is nothing in your title deeds as there should be a right to drain onto your neighbours property if a soakaway is installed so as to drain onto that land. Your solicitor should have checked this for you when you purchased though you are 5 years out of time to bring any claim against your solicitor at this time if he did not.
Sometimes rights are contained within a referenced document on your deeds. If you would like me look at your title deeds to confirm I would be happy to do so if you have a digital copy available that you can upload?
Subject to the above you would need to show twenty years of drainage onto your neighbours land to claim a right By long use under the Prescription Act. From what you say, you have lived in the property for either just under or just over 20 years but you are not certain when the greens were disconnected. You may therefore need the assistance of a previous owner or nearby neighbour who has personal knowledge of the situation in order to establish more than 20 years of drainage onto your neighbour's land. If you can do so, you can consider claiming a prescriptive right to Continue to drain onto their property which can be registered at the land Registry.
In terms of how you may consider proceding, First of all you may wish to establish whether you have any legal right by express grant in your deeds (so far as you ar not already aware) Or if you can claim a right by long use as above. If you can show either of these things then you can require that your drainage is reconnected to your soak ways. If you are unable to show right drain into soakaways on The above grounds, Then you will be reliant upon your neighbours good graces to enable you to reconnect to soakaways.
If your neighbour is unwilling to allow you to reconnect to the Segways and you cannot show right to do so, you would need to consider a fallback position of retaining a drainage contractor to engineer a new drainage solution on your land.
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