Right of way - Old drainage of unknown origin

Hello everyone,

At the beginning of last year, we bought a plot of land in a new development area, started building in December, and fortunately, the move-in date is not far off.

Three plots down, during the excavation for the basement, an old drainage pipe was uncovered (we built without a basement because the municipality advised against building one), which now causes water to repeatedly get into their basement. The municipality is not responsible because they were unaware of the drainage pipe. However, they have now offered to install a new drainage pipe, that is, to extend the old pipe and redirect it – specifically toward our property (and those of our neighbors). The water presumably comes from some field, which is why the nature conservation authority does not want the drainage to be laid through the adjacent nature reserve.

This means the municipality would have an easement registered, allowing them to maintain the system. Although the municipality said maintenance is usually only necessary every few years, they would have the right to perform maintenance at any time and to excavate again for this purpose. They would cover any potential damages to the terrace and garden, but of course, it would still not be great if the garden had to be redone every few years. Also, we would not be allowed to place anything in the drainage area (about 100 m²), which extends across the entire property, that cannot be easily moved (for example, no swing set with a foundation or a garden shed).

Of course, we feel very sorry for the two affected property owners and want their problem to be resolved quickly. On the other hand, this easement would come with many restrictions and would also result in a certain decrease in the property’s value (we have not yet discussed this with our bank).

We wanted to ask if you might have any tips on what to do in such a case or if you have any other suggestions. We had already suggested simply sealing the old drainage pipe since that would reveal where it originates. But apparently, it is so old that it cannot be sealed. We also suggested asking the owner of the property from which the pipe comes about its origin, but reportedly no one wants to know anything. So far, there is apparently no information about the actual origin of the pipe, although the problem has existed for many months.

The affected property owners understandably are pushing for a quick solution, but we do have some concerns about the restrictions and the accompanying decrease in value (although we do plan to live there permanently, you never know if you might have to sell someday due to job loss, illness, etc.).

Sorry for the long text and many thanks in advance for your tips!

As an affected party, my first thought would be to cut the drainage pipe at the property boundary and thus deactivate it.

As an affected party, my first thought would be to cut the drainage pipe at the property boundary and thereby render it inactive.

This thought also occurred to us. Apparently, this is not possible because the drainage is too old and dilapidated. But that would definitely be the most obvious solution. Even if it is only temporarily sealed, at least one should be able to find out where the pipe comes from.

Apparently that’s not possible because the drainage is too old and dilapidated

I don’t understand. The more dilapidated, the easier it is to "break". What is the drainage made of, what dimension does it have, and above all, how deep is it?

Where it lies exposed, uncover it piece by piece with the excavator until you reach the property boundary somewhere. Break it there and if necessary, close the supply section.

Under no circumstances would I register a right of way and thereby legalize the unlawful foreign object on my property.

I don't understand. The more dilapidated, the easier it is to "break." What is the drainage made of, in what dimension, and above all, how deep is it? Where it is exposed, use the excavator to gradually uncover it piece by piece until you reach the property boundary somewhere. Break it there and if necessary, close the supply section. I would never in my life register an easement and thus legalize the unauthorized foreign object on my property.

Thank you very much in advance for your tip! Unfortunately, we have not yet seen the drainage pipe ourselves, but we will try to meet the property owners over the weekend.

The sewer cleaners run through everything today and, thanks to modern technology, know quite precisely where their camera is at any given moment. For determining the origin, I would suggest that. It is also unclear to me why the pipe has to be newly laid on foreign properties and not on the property where it was previously located, just around the houses once. Then the parties burdened by the easement and the beneficiaries of the new installation would at least coincide.

Otherwise, I would take the position here that if none of the owners or beneficiaries of this pipe want it, which apparently no one needs either. However, I would definitely urgently schedule a consultation appointment with a specialist lawyer and in particular seek advice on the question of whether the municipality could enforce an easement here.