problem with landowning neighbour

[Aly]

We have been doing major works on our house. Part of this is upgrading our septic tank, the waste pipe from the septic goes into a nearby stream.

This pipe crosses our neighbours land  by 2 metres ( no property is on the land and the neighbour lives in another village)

The neighbour has kicked up a huge fuss saying when the septic and pipe was installed in in the late 80's her permission wasn't obtained by the owners of the property at the time.

We are trying to win them around. Any suggestions as to what we can do? Our legal position in relation to the house purchase, should the notaire have checked that permissions were obtained; if indeed the owners back in 89 did not ask their permission.

 

[sue702]

If I were you I would go straight to the notaire and find out your position. Your house has had "rights" to use her land for about 20 years, I know that that counts for something because my English lawyer (specialise in French matters) did some checking back 20 years to make sure no one had any "rights" can't remember the exact details.

I assume the answer to the following is no but I'll prompt the questions anyway: Is there no other way the pipe can run to the stream? How much land do you have, can you not soak away into your own land like our fosse does?

Anyway the best way to solve this is to get on the good side of your neighbours, if it really starts getting legal ik will cost tons of maoey and will run for years and years

Good luck

Sue

[Alexis]

Others will undoubtably know more than me but I am sure it is illegal for your pipe to polute the stream.  We couldn't even have a waste rain water pipe go anywhere near the field at the bottom of the garden.  We would have had to have a pump installed to return the water to the front of the house, dig up the road and then into the rainwater ditch.  Fortunately, our plans were drawn up some time ago and a pump wasn't indicated.

Laws have tightened up enormously in the past six months here and we got in by the skin of our teeth and got the certificate of conformity.

[Debra]

When we were looking at regulations for putting in a fosse septique on a property we were told that the whole thing had to be 10 metres away from any tree, food plants or water source (including springs, streams and lakes) - so I would really think its not possible to have a pipe from a septic tank going into a stream. 

Are you talking about a septic tank which has to be emptied, in which case its the overflow pipe? (definite no, no, going into a stream, I would have thought) or a fosse septique - because I understood with a fosse septique it was all underground and there were no 'waste pipes' and the piping that there is has to be contained on your own land (and you have to have a certain amount of land to install one) and not near any of the items mentioned.... 

[Val_2]

You say you are doing major works and upgrading your fosse system - who is doing the work? You cannot just discharge waste of any kind into a watercourse and if you are using a registered artisan for fosse work he must get authorisation and inspections carried out before doing anything something he should know anyway if he is legit. You are not even allowed to discharge gutter waste from rain onto a neighbouring property (although you trying telling a french person that). I would sort this properly before you find yourselves being fined by SATESE and the rivers authority and the DDE for pollution however mild it may be. As for your neighbour I can quite understand her complaint, I certainly wouldn't be happy if it was my land and I had never given any written authorisation to allow it. My friend here has just been ordered in writing to stop letting her washing machine waste run into the road ditch - hardly sewage but still pollution and they will be back to inspect it too.

[JohnM]

Sorry, it doesn't answer any questions, but the houses either side of me feed straight into the stream at the back of my house. The French fulltimers in one house have had a pipe down the drive for 7 years waiting for the village sewage system (which should be in during this October). The new Danish, part time, neighbours who own part of the other house, were mortified when they discovered the situation and have made arrangements to be connected as soon as possible. The odd thing is, the council more or less said, "Oh you can be connected if you like" and so the french family who own the other bit haven't bothered... fortunately they are down steam from me, but I feel sorry for the owners of the gardens that it goes through (May be good for the veg but not good on warm barbecue evenings).

 

[vrooje<BR>Cheers,<br>-Brooke<BR><br><B><A TARGET=blank HREF="http:www.experienceburgundy.com">http:www.experienceburgundy.com<A><B>]

We were quite horrified to find that our house drains straight into the river near us... and it has for decades according to the previous owners. Apparently all the houses along the river do, which explains why the river is not as clean as it could be. We discovered it when we were cleaning latex paint from our paintbrushes and a thread of white water floated downriver. We now try to do everything we can to minimize pollution, but really, how much can you do?

Thankfully the river clean-up project is forcing the town to put us all on city sewer. We can't wait! It should happen in the fall sometime.

My point is that it may not be illegal everywhere if it was a pre-existing pipe. But I might be upset as well if I were the neighbor and the pipes were on my land without my permission. Theoretically, couldn't you claim that property as yours after a certain time period, if you are the one actually using it? Perhaps that's what the neighbor is worried about.

[Aly]

Thanks for your responses. My issue however is my position with my neighbour?

In relation to the disposal of waste. The waste goes through a filtration system and than through soakaway pipes. It is the location of one of these that is the issue. They are infact buried underground. I am aware of the debates and the legalities of the septic system (thanks val)

 

[Debra]

[quote]Thanks for your responses. My issue however is my position with my neighbour? In relation to the disposal of waste. The waste goes through a filtration system and than through soakaway pipes. It is t...[/quote]

Well originally you said 'the waste pipe from the septic goes into a nearby stream' which is a different matter to the waste being filtered and dispersed underground.  If its a new installation of a fosse septiquie, wouldn't it still come under the current laws about being so far away from a water course (if the stream is considered as such) and having to be on your own land? Your neighbour might have a point if permission was never given before - especially if he never knew about it.  But if he did know about it, he might also have allowed some sort of right of way by letting it happen, without objecting, with the previous system for such a long time.  You really need to consult the notaire, as previously advised, I think.