Right of drainage

[Rivkah]

Hi,
I'd really appreciate some help.
We've lived at our property for 3 years and my neighbours have a solicitor writing to us that we have a trespassing drain.
Our property used to be one house and none of this came up in the purchase or survey. Our deeds say that we have a right to existing drainage. Does that mean it's not trespassing?
The neighbours are threatening cutting off our access to the drain, which is running through their house. They can't do that, can they?!
Thank you

[des8]

Hi and welcome.

How long ago was the property split ?

[Rivkah]

Thank you so much for replying. The properties were split 20 years ago but I think ours was completed 18years ago.

[des8]

Regarding the solicitors claim that you are trespassing by having a drain through your neighbours property, I doubt it would stand up in court.
1) the drainage was arranged when the building was divided, and so both parties involved were in agreement
2) it has been in existence for 20 years
3) your deeds & therefore the register (have you checked with land registry. both properties) show the easement

Regarding the threat to cut off access to the drains
!) was it in writing?
2) did it come via their solicitor?
3) what has caused this problem to surface after three years?
4)I think environmental health would be interested if they actually did block your access to the sewer.

I would suggest a quick call to the solicitor who carried out your conveyancing is in order to ascertain what the searches threw up at that time

[CharlieP]

Do the deeds from the Land Registry show any covenants relating to the separation?