Can my neighbour have water pipes on my property?

Question

José Manuel Alburquerque · Accepted Answer

Only if they have a title that allows it, such as an easement agreed in a deed or recognised by a court. In Catalonia no easement can be acquired through the passage of time, so the fact that the pipes have been there for years does not give them that right and you can ask them to remove the pipes. But if the neighbour's property cannot be connected to the water supply or the sewers any other way without disproportionate expense, the neighbour can demand a compulsory easement from you, paying you compensation. If the pipes were installed by a former owner of both properties, the neighbour is only entitled to keep them if the deed of sale says so expressly. If there is no title The “Código Civil de Cataluña”, the Catalan Civil Code, says that easements only arise from a title, whether voluntary or compulsory. None is acquired through the passage of time. So the first step is to read the deeds of both properties and request a land registry extract (“nota simple”), the summary issued by the “Registro de la Propiedad”, the Land Registry, showing who owns the property and what charges it has. If no easement is recorded: You can require the neighbour to remove the pipes by means of the “acción negatoria”, the claim that allows an owner to ask the court to stop an interference with their property. You can do so for as long as the pipes remain there. If they have caused you damage, such as damp, you have three years from when you learn of it to claim compensation. Before bringing a claim, an attempt must generally be made to reach an agreement, for example with a written proposal or mediation. It is not advisable to cut the pipes or rip them out yourself, because you could cause damage for which you would be liable and because the neighbour may be entitled to a compulsory easement. If the pipes were installed by a former owner when both properties belonged to them, the easement only survives if the deed by which they sold one of them says so expressly. If it says nothing, the easement is extinguished. Under the Spanish Civil Code (“Código civil”), which applies in most of the rest of Spain, it is the other way round. If there was a visible sign of the easement, it survives unless the deed says otherwise. The easement the neighbour can demand The Catalan code allows the neighbour to demand an easement in two cases: If their property has no connection to a mains network for water, sewerage, energy or communications. They can only demand it if the connection cannot be made anywhere else without disproportionate expense and if the harm to you is not substantial. If they have water available outside their property and need to bring it there. This is the easement of aqueduct, which allows the necessary works to be carried out, such as pipes or irrigation channels. The neighbour must keep them in good condition at their own expense. In both cases, the pipes must follow the route and use the system that are technically most suitable and least harmful to your property. In return, the neighbour must first pay you compensation equal to the loss in value of your property caused by the pipework, plus any harm that its use causes later. The compensation is reduced if you also use the connection or the water or benefit from the works. You are not entitled to that compensation if it was you who left the neighbour's property without a connection or without water, for example by selling part of what used to be a single property or by dividing a property you owned in common with others. If the pipes are excessively burdensome for you where they are, you can ask for them to be moved, at your own expense, provided they remain just as useful. If there is no agreement, the court decides. Other cases The pipes and conduits of water, gas or electricity companies that cross a property usually have administrative easements, which are imposed in the public interest and carry their own compensation. They are not governed by these rules. In a building under the condominium system (“propiedad horizontal”), the downpipe or main pipe that runs through your flat is a common part, which you must put up with and allow to be repaired. Under the Spanish Civil Code, the easement of aqueduct can also be demanded on payment of compensation. In addition, unlike in Catalonia, it can be acquired through twenty years' use.