Paying neighbour for access to sewage outlet

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feistycuffs
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Paying neighbour for access to sewage outlet

Postby feistycuffs » Mon May 09, 2022 1:35 pm

Hope this is the right spot to ask, I might try over on legal as well if not.

Doing a big reno on an old village house. On the edge of the village, no houses looking south down the valley, just huertas and campo. Previous sewage system (a first floor loo and shower) was so old/outdate it had been removed years ago, and was possibly dubious anyway.

Our plans include kitchen and a w.c. below street level and the simplest option is to let everything flow downhill with gravity.

The land directly to the south is owned by our neighbour on the right/west. Adjacent to our garden wall is his access path that also runs in front of at least 3 other neighbours' properties to the left/east, before it leads out to a street. The other side of the path is the neighbour's huerta, chickens etc. About 400 metres further below is the municipal waste processing plant.

Our builder and architect say we can pump up to the street, but it will be costly, noisy, dependant on moving parts, subject to breakdowns, etc.

Our neighbour is aware of all this and is asking for 3000€ for us to connect to his 'arqueta' (one of those circular, raised access points to a mains sewage system, typical of the ones you see exposed on the beaches). The arqueta is on the access path, eastwards past our first neighbour and somewhere in front of the next house.

The connection would involve us laying the pipe across our garden, dropping it down about 3 metres to meet the path, and then excavating a trench along his access path - approximately 30 metres - to reach his arqueta.

Neighbour won't budge on price, which our local builder says is very expensive, but he can't get involved (he thought maybe 500-1000€). Neighbour says he must have some 'beneficio' for giving us access. I say I want to be a good neighbour to him (I speak good Spanish) and if that's the price, then that's the price.

Neighbour says no need to pay money for a legal contract, we can have witnesses to the agreement and sign a bit of paper, that's all that's needed, because he, too, wants to be a good neighbour, and we never have to worry about anything. He will let us install our own little arqueta where our pipe meets his path, so we can open it up to fix any problems.

I'm meeting our lawyer later this week to discuss, and he's a lovely guy, but VERY laid back and not really the kind of person to envisage problems. (nothing is a problem to him).

Sorry for the long explanation!

Questions:
This is a right of way issue, I believe. Does it need to be enshrined in our escrituras?

Does this actually sound legal? Is it a private matter, or should the town hall be involved? Our builder says don't go to the town hall as they could cause problems and hit us with more fees. But I'd hate to find we have a problem in a couple of years because we didn't get the crucial stamp on a piece of paper.

I know 3000€ is too much, but I'd love for someone to make me feel better and tell me that it's quite normal to pay that sort of fee!

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Wicksey
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Re: Paying neighbour for access to sewage outlet

Postby Wicksey » Mon May 09, 2022 2:06 pm

I can't comment on the price, although to me it sounds far too much. However, whatever is decided, do not do anything without a legal agreement that is signed and overseen by your lawyer. I've come across it before with friends who say how nice the neighbours are then next thing they know they are being taken to court for encroaching 6" on their land. Things change, the neighbour could die and then you would need to prove the agreement.

When we bought our current house the short driveway crossed a neighbour's land. We said we would not buy it unless we could buy the land as well so we had ownership of the access drive. Our neighbour has been fine with us for the 11 years we have been here, but when we want to move we want to show we have legal ownership of that land.

jhonie99
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Re: Paying neighbour for access to sewage outlet

Postby jhonie99 » Tue May 10, 2022 8:41 am

feistycuffs wrote: Mon May 09, 2022 1:35 pm
Neighbour says no need to pay money for a legal contract, we can have witnesses to the agreement and sign a bit of paper, that's all that's needed, because he, too, wants to be a good neighbour, and we never have to worry about anything. He will let us install our own little arqueta where our pipe meets his path, so we can open it up to fix any problems.
It was a nice read until this point and then I just couldn't stop laughing.
If you do that, you'll be his b%tch for the rest of your life. Never ever trust the words that come out of a spaniard!!

Firstly, u need to establish if he owns the track, then if the arqueta is legal. You won't get the correct information by asking him!! Then get a proper legal agreement with no holes in it. Servidumbre situations usually involve annual payments. So the initial 3000 euros could be 5000 euros next year. Maybe a million euros after that!!

Forget all this good neighbour crap. That only works in civilised societies.

Personally, I would pump up to the street. There must be reliable, robust systems available. It maintains your autonomy and no need to bow to your neighbour everytime he walks past.

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spanish_lad
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Re: Paying neighbour for access to sewage outlet

Postby spanish_lad » Tue May 10, 2022 7:23 pm

That sounds like a bit of a nightmare to be fair..
Alhaurin el Grande since 99, working at the airport since 2011.

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country boy
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Re: Paying neighbour for access to sewage outlet

Postby country boy » Tue May 10, 2022 8:14 pm

Go for the macerator/pump option, I've fitted them on and off throughout my career ( as a builder); use a good make and be careful what you put down the toilet/drain and they are fine. You will control everything then!
Best make for me: https://www.saniflo.co.uk/


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