Soakaway on neighbours land

user1977

Rach968 said:

Am unsure if the 20 years for a prescriptive easement has to be specifically use by my family rather than use by whomever resides in the house for over 20 years?

20 years continuous use by the house, your difficulty may be a lack of evidence about the first 11 years.

Rach968

Thank you, that's no problem, it was neighbours we bought it off and on who's last the soak away is located.

Any idea of the legal costs to pursue the prescriptive easement?

canaldumidi

Rach968 said:

Thank you, that's no problem, it was neighbours we bought it off and on who's last the soak away is located.

Any idea of the legal costs to pursue the prescriptive easement?

It might be as little as the cost of a 2nd class stamp. You write to the neighbour explaining you have a prescriptive right to the existing soak-away. Neighbour agrees you can continue to use it or agrees to provide an alternative one when he does his development.

At the other end of the scale, neighbour ignores you and continues his plans (or replies denying your right) and you go to court. You either employ a solicitor (or raise a claim yourself), pay the court fees, legal costs etc. Cost then depends how complex the case becomes, how long it lasts, how much the solicitor charges etc, and whether you get your costs re-inbursed assuming you win.

Do you have legal cover with your buildings insurance?

Rach968

I do have legal cover! Thank you for highlighting. I am hopeful things can be resolved amicably, just want to get my options / facts of the matter straight in my mind.

Long-term it would be best to have an up to date sewage treatment plant for the house located on its own land. Quotes will inform whether or not this is possible.

loubel

If the land was only split when you bought and was previous all owned by the neighbour then you can't claim a prescriptive right as you haven't used it long enough. The time used by the neighbour won't count as it was their land.

Was this not raised when you bought? 

Rach968

loubel said:

If the land was only split when you bought and was previous all owned by the neighbour then you can't claim a prescriptive right as you haven't used it long enough. The time used by the neighbour won't count as it was their land.

Was this not raised when you bought? 

Conflicts with previous advice received, will l check if this does go legal.

Jenni_D

I'm confused ... do the people you bought the house from (with the septic tank) also own the land on which the soakaway lies? If yes then there's no prescriptive right because they didn't need one - they already owned all the land. If no (and the people you bought from were not also the soakaway landowner) then the prescriptive right will (probably) apply.

canaldumidi

loubel said:

If the land was only split when you bought and was previous all owned by the neighbour then you can't claim a prescriptive right as you haven't used it long enough. The time used by the neighbour won't count as it was their land.

You're right loubel.

Maybe time to give your legal cover people a call. It should have no impact on your premiums or no claims bonus  (unlike raising a question on the actual building policy which could increase premiums even if no actual claim is made.)

Rach968

Thank you all.