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We've just been asked by a neighbour whether they can run a water pipe buried under a hedge along the edge a small field we own... and this would need an easement to allow it.
Now, not having any experience of easements other than nodding politely as the solicitor told us we had some when buying the house, is there anything to beware with allowing them to do this?
Also, what rights does an easement actually give? Or are those defined within the easement itself? And finally, if something then goes wrong with the pipe, who's liability does it then become?
What do they want it for? Is it a water supply from the main to their house, or from their property to another field?
If it's to a field consider making sure the easement only allowed water supply for horse/ Agricultural purposes so as to not find them suddenly building a house there.
If they are asking for a legal easement rather than just permission, I might begin to wonder what was in it for them value wise...
It is for their house...
They already have a water supply, but they are selling and apparently the current supply needs to be changed, and going along our land is the easiest way for them to do it.
I don't particularly have a problem with them doing it, I am just a little wary about any possible consequences from it...
And they are definitely asking for legal easement, as they are talking about getting their solicitors to sort it.
Get it drawn up and will mean what ever you say just make sure it covers all the bases . An easement is a right running with the land .
So route , size of pipe , purpose, responsibility for maintenance rights of access to maintain notice before access obligations to make good liability to make good if leaks. Who will pay my fees for this advise.
We have one for electric line poles on our land that supply our neighbours properties, I think that's what it is, might be a way leave. The electric company had a pretty standard agreement already for it which includes access for maintenance and repairs. We got offered an annual payment or one off bigger amount that basically covers forever (can't remember the exact terms without digging it out) but took the former, it's not a huge amount, I think something like £25 a pole per year. They've been on our land a few times over the years for inspections and changing poles.It's fine no issues. Actually we also have an agreement in place with water company as neighbours supply comes off ours and crosses land, we get paid a bit for that too. Plenty of sample agreements by googling I would imagine.
they shouldn't be running water pipes under hedges
the easement will sterilise the line of the pipe to a pre determined width to allow repair (they may need to get machinery in. the easement will need to allow reasonable access for the owner or their agent. It should also deal with making good damage due to failure or repair
to correctly install the pipe they will nee to dig a trench deeper than 700mm for the full length to allow inspection or get a qualified plumber to do the same
I suspect that the house is on a private supply and wants to connect to the mains in order to sell. Private drinking water regs have tightened up and it makes a house easier to convey if on a mains supply
I would also google "ransom strip" 😉 they are doing this for commercial reasons
should also add that they have no statutory right to connect to the water main by pipelaying across your land
the utility companies do have these powers hence the standard easements they use
they are doing this for commercial reasons
Putting the OP in a "Strong negotiating position" 😉
Thanks for the comments folks...
From what I have been told so far, they are planning on using a mole borer to do the actual work, which they've said would need a hole digging in our field, before making that all good. Apparently the contractor has been recommended by the water company.
We do also have an electricity pole, which has just reminded me, this pipe would have to cross a buried 11kV electricity cable... I wonder how that works with the mole borer... I don't fancy being around if that eats the cable!
I've just had one sorted for a piece of land I own with my sisters. I don't believe you can hold them to 'ransom', it didn't really affect us or the land so we agreed on the basis they covered all legal fees and any damage was made good.
they shouldn't be moling with an 11 KV across the line, they such expose the cable and hand dig that section.
Moling can be "erratic" and assumes that rock isn't present
I don't believe you can hold them to 'ransom',
in regard to a water service pipe, yes you can
ask yourself whether you ever envisage doing anything in the area of the proposed pipe
I would as a minimum get your own solicitor to review and get them to pay those costs, secondly the presence of the pipe adds value to their house (which they are selling so there is no ongoing need to be "nice")and devalues your land and you need to ensure this is recognised