sewer pipe
December 1, 2010 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Good evening,
we inhabit one half of a semi-detached house built in 1953. In 1966, a wastewater pipe was retroactively built for the 2 parties, which was proven to be paid for by both. Each house had its own pipe leading to the garden, but then only one pipe leading to the street. Therefore, our wastewater ran through a piece of the neighbor's garden. The semi-detached house is now in the hands of the next generation, as the original builders are no longer alive. In May 2010, during road renovation, our neighbor approached us in writing stating that he no longer tolerates our wastewater in his garden. Since nothing is recorded in the land register, it would be within his rights. He demanded that we immediately lay our own pipe. At the same time, he instructed a lawyer to pressure the municipality to force us to lay a completely new pipe, threatening to sue the municipality if we failed to do so. We responded in writing, pointing out the construction and private problems that would arise, but our neighbor did not listen. The only option presented was a completely new separate pipe for him and his lawyer, with no discussion or deadline - just demands. The situation became a nightmare for us, to the point where my 77-year-old mother had to seek psychiatric treatment. Due to this coercion, we now have a large construction site in our basement (approximately 60% of the floor had to be excavated) and garden. Do we have to bear the full cost of our new pipe, or is our neighbor obligated to compensate us for damages and/or contribute to the construction costs? Since he has given us a written order with such insistence. What options do we have? Thank you in advance!
Dear inquirer,
Thank you for your inquiry. I would like to answer as follows:
A conclusive answer is very difficult at this point, as the exact local circumstances are not known, and the legal letters from the other party are not available.
The main question is whether you can invoke a so-called emergency pipeline right analogous to the right of way according to § 917 BGB.
This is the case when establishing your own pipeline is only possible with disproportionately high costs/economic effort, and in return, the use of the neighbor's pipeline system represents only a minor inconvenience for them.
This is the main argument in your case, which you should have checked by a local lawyer.
Since the other party seems to be very aggressive, you should quickly engage a colleague experienced in neighbor law/administrative law to represent your legal interests.
If a conclusive examination leads to the result that you do not have an emergency pipeline right, you would generally have to bear the reasonable costs of installing a new pipeline.
I hope I have provided you with an initial legal orientation and wish you every success and all the best!
I would like to finally point out the following:
The legal advice I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have helped you. Feel free to contact me via my email address or the follow-up option.
I wish you a pleasant Wednesday evening!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
