CF neighbour using my drains (edited)

[^woody^]

Yes, the deeds might give a general right to cross neighbours land for drainage purposes. Why cant they?

Blup

Because
1 - that's a bizarre restrictive easement to have in deeds in the first place, and

2 - such a thing would be highlighted to the buyer by his conveyancer in BIG RED letters and the OP would know about it.

 

[mrrusty]

Maybe not - our own and neighbours' deeds have the following "all rights to light flow of water drainage and other easements or quasi easements shall remain and be as the same have heretofore subsisted under one ownership"

So the rights to drainage of the separated properties are as they were when the properties were all one ownership. i.e. if the original owner had the right to use a drain/gully when it was singly owned, that right persists. Whether such an easement exists in the OP's case is unknown, but it certainly is neither bizarre or in big red letters.....

 

[Mottie]

.

 

[blup]

Because
1 - that's a bizarre restrictive easement to have in deeds in the first place, and

2 - such a thing would be highlighted to the buyer by his conveyancer in BIG RED letters and the OP would know about it.

1. In my albeit limited experience of buying and selling property, older properties have few covenants or easements, but the newer estate types have all sorts of mutual restrictions and rights built in that benefit and burden the house being sold.
2. have never experienced that, most solicitor will refer to it without fully explaining it, if at all.

Blup

 

[^woody^]

1. In my albeit limited experience of buying and selling property, older properties have few covenants or easements, but the newer estate types have all sorts of mutual restrictions and rights built in that benefit and burden the house being sold.
2. have never experienced that, most solicitor will refer to it without fully explaining it, if at all.

Blup

The old adage "an Englishman's home is his castle" reflects the concept that his land, his property boundaries are paramount, and such violation, such trespass of the landowners boundaries are not given lightly.

So the chances of a property deed, stating something along the lines of a neighbour at some future time can place drains of his type and choosing across the neighbours land, is remote.