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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13316
Experience:  30 years as a practising solicitor.
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Our property and the next door property share a old 1950's

Customer Question

Our property and the next door property share a old 1950's septic tank situated in our back garden. The septic tank is not working 100% so we connected our house into the mains public sewer. We would like to get rid of it and develop the land. Are they anyway we can force the neighbour to connect into the public sewer and then we could remove the tank etc.
Assistant: Where are you located? It matters because laws vary by location.
Customer: We are in the North of Scotland.
Assistant: Has anything been filed or reported?
Customer: No we have not reported any problems to any authorities etc.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Our neighbour is sadly very aggressive to us and will almost certainly reject any this we suggest.
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.

Thanks for you question. I am a solicitor in Scotland. It is almost certain that the neighbour will have a heritable right to connect to the septic tank, therefore the first thing you should do is check the title deeds to your property to see if there is a provision to that effect. If there is not then they may still have a right to use the tank if it has been in use by the owners of their property for more than 20 years. Assuming one of those scenarios is the case then you would have to go to the Lands Tribunal to argue that the burden on the title is no longer necessary because they can connect to the public system presumably at virtually no cost on the basis that you have already done so. The tribunal has the power to remove the burden from your title. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Expert:  JGM replied 10 months ago.

Here is the link to the Lands Tribunal website.