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Sewage services on neighbour's land

I inherited a house with a sewage plant on an adjacent landowner’s land and has been for generations. I wish to redevelop the house but cannot get Planning permission unless I have a legal agreement for access to the Plant, unfortunately the new owner where the Plant is will not agree. Do I have any rights? (John, Waterford)

Some weeks ago we discussed the Frascati case which obliges anyone applying for Planning Permission to have the full legal capacity to carry out the development.   If any aspect of that capacity is missing then they cannot apply for Planning Permission and if they do get Planning Permission on a misrepresentation it is illegally obtained.

To John in Waterford, however I would say that you have had the property serviced by this sewage plant for generations and would be entitled to have those rights of access registered which would be the proof you would need for the planning authority.

I presume you have an Architect and Solicitor already advising you.   You should talk to both and your Solicitor should write to the owner of the sewage plant asking that a formal way-leave agreement be put in place (a type of right of way) and if they don’t agree you may have to apply to Court for a legal declaration ordering that your existing rights be registered in the Land Registry despite the adjacent landowner’s objections.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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