Rights of Access for sewage pipes

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Rights of Access for sewage pipes

Post by mikedry » Mon Apr 02, 2012 12:32 pm


I live in Scotland in a Semi detached cottage.
My neighbour has a cesspit in their garden which serves both cottages. It drains away to a soakaway across the road in a field.

I am planning an extension and because of this the septic tank would have to be replaced and soakaway upgraded. My neighbour does not want a new septic tank in their garden so I have been told that I will require a new septic tank for my house. The effluent for this will drain through the current pipes and into the current cesspit in their garden then to the soakaway. I am also paying to have the soakaway upgraded.

In the title deeds it states that both my neigbours and I have wayleave to the soakaway which is on ground owned by the estate we purchased the cottages from.
It also states that we have rights in common with our neighbours to

"the mutual gable, mutual chmney heads, the rhones, rainwater and soil pipes, electricity and telephone pipes and cables, water pipes and other service connections serving both parties, the septic tank located in the ground pertaining to no 1 with pipes leading thereto and therefrom located in the subjects aforementioned..."

Does the above mean that I have wayleave to the current cesspit as well as access to the pipes in their garden feeding it from my garden?
Also if I am upgrading the soakaway then do we still have a shared responsibilty for it?

Many Thanks

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