Right of way for wastewater channel from neighbor

Hello everyone,

I will probably express myself a bit awkwardly now. I will try, please forgive me if I use incorrect terminology.

We need your opinion: We are currently building and hope to move in by October. Behind our house (west) is a second row of houses, separated from us by a private road, which ends in a dead end. One of the rear neighbors asked us before construction began if he could connect to the public sewage network through our property.

He and his neighbor in the second row have a biological sewage treatment plant, which is presumably always problematic (to what extent we do not know), and the house is apparently up for sale. We declined a year ago. The way the neighbor wanted it (to the south) was not possible either, as our garage is there.

Today we received an email where he asks again. He would like to connect along our retaining wall (north), over our property. For that to work, he probably also needs a lifting station. So far, we don’t know how urgent his need is to connect to the public network. According to the email, he would take care of all construction and compensate us (what would be appropriate?).

He says a manhole access would then be on his property and one on public ground!? How realistic is it that the manhole access would really not be on our property? How much does the pipe restrict planting and construction measures? Our garden is only 200 sqm.

What if the current owner dies or sells his property – what could threaten us with potential successors? What should be notarized, if necessary, also in case the pipe breaks and our garden must be dug up again? Will all rights and obligations then be transferred 1:1 to new owners? Is there possibly a right of emergency use if he should sue?

Please excuse the many unsorted questions. We don’t know what to do or where to turn to best.

You have no advantage. So do not agree. Unless the neighbor makes you an offer you can't refuse.

If he already needs a lift station on his property to completely cross your property, the pipe will be correspondingly high, i.e. it might not matter for the lawn but for large trees or future foundations it will be quite problematic.

Such a right must definitely be registered in the land register. My "favorite" neighbor forgot this and therefore the other neighbor, through whose property the sewer line now runs, has a pretty strong leverage.

Once the right is registered, it remains there until the end of time. Suppose someday it smells in your garden, you go to the neighbor and ask him to please repair his sewer line and fix the damage to your garden – then he says you damaged his sewer line and if anyone has to do repairs here, it’s you. That doesn’t have to happen, but it can happen. This needs to be regulated now.

A sketch would be helpful.

You have no advantage. So do not agree.

Great attitude! Do you have to get something out of everything? If he has no disadvantages, you could also just be nice and pull together as neighbors on a "sewer" line.

Unfortunately, you are not allowed to post links here - just google "Haufe Notweg- und Notleitungsrecht"

If he has no disadvantages, one could simply be nice and pull together as neighbors on a "sewer" line.

I am more the type who does not put obstacles in the way of his neighbors.

One does not need to emphasize that something like this has disadvantages.

But granting a right of way is indeed something that should be very carefully considered and of course must be recorded in the land register.