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JGM, Solicitor
Category: Law
Satisfied Customers: 12186
Experience:  30 years as a practising solicitor.
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I have a septic tank with an outfall to a local watercourse.

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I have a septic tank with an outfall to a local watercourse. The outfall pipe crosses my neighbours land. My title deeds state that I have the right to repair and maintain the drainage system but do not define the route to the burn although it is shown entering her field. We have lived here for 18 years and now my neighbour has exposed the pipework without my permission suggesting that she is concerned that our pipe is flooding her land. I want to stop her exposing my pipes and for her to recover the pipes before damage occurs.
What are my rights?
Thank you for your question.
You should check your title deeds again to see if your neighbour has any right at all to do this for the purposes of maintenance of her own land. If so, there will be a provision that she has to reinstate the land. If not, she has no right to interfere with the pipework as you have the benefit of a servitude right which she shouldn't be doing anything to prejudice.
Your remedy would be to raise proceedings for reinstatement in the sheriff court.
Happy to discuss further.
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