Future implications if you let someone access your land for mains water

[Jack 7]

hi
A builder with a neighbouring field wants to lay a water pipe along a small stretch of land I own.
He is currently erecting log cabins which he wants to connect water to. The mains meets the road along the hedge in my patch of land.
I’m worried that by saying yes to him, it may have future implications for me. I’ve kept hold of this small patch of land in case I can get planning permission on it in the future.
Anyone had similar experiences in this or knowledge about this ?

Thanks
Jack.

 

[Exfarmer]

hi
A builder with a neighbouring field wants to lay a water pipe along a small stretch of land I own.
He is currently erecting log cabins which he wants to connect water to. The mains meets the road along the hedge in my patch of land.
I’m worried that by saying yes to him, it may have future implications for me. I’ve kept hold of this small patch of land in case I can get planning permission on it in the future.
Anyone had similar experiences in this or knowledge about this ?

Thanks
Jack.

Get a good solicitor and make the builder pay for it

 

[Goweresque]

If he can't get to the water main by any other means than via your land then a wayleave across your land is a valuable asset. And if he can go some other way and you don't really want the hassle of a water pipe crossing your field then tell him to use the alternative instead.

Incidentally if you do decide to grant a wayleave, regardless of what price you ask, make sure you have a clause that you can move the water pipe to wherever route you like through your property, then it won't be in the way if you do get planning at a later date.

Ultimately its your land, you're under no obligation to agree to anything if you don't want to.

 

[Still Farming]

Why can't he go down the public highway?

 

[Dry Rot]

As above, but I would add, make the supply (if you decide to grant it) exclusive to one property, then you can always get another bite of the cherry later if it is wanted to supply more houses.

In practice, yes, I think you can just say 'no' but I suspect there are ways around that, but too expensive for mere mortals like us to exercise.

BTW, if you refuse your neighbour the connection (as I did), you will never be allowed to forget it. The fact that he did not get this sorted before he bought the land will be your fault. What he should have done was offered to buy the land with the condition that there would be a connection for services, but some people have no sense.

 

[Matt L]

Get a wayleave arranged for it with the above clauses in.

If you do go ahead make sure you are there when they install the pipe, take photos of things such as ground type and condition, flints or stones in the trench, sand surround or not and mark on a map accurately where any joints are.
This will save a lot of headache if you ever have issues in the future.
If any land drains are severed make sure they are repaired properly too.

 

[Alfred]

I would say no.
If you are thinking of building on your land in the future the creation of a easement over your land where the water pipe is layed would create a 3 meter sterilisation strip that cannot be built on.

 

[Nearly]

IF you go ahead make sure the route is around the edge of your plot, not straight across middle.

 

[Jack 7]

Thanks everyone.
I don’t live round there and don’t know the guy.. he was put in contact with us via a friend who is employing him to do some building work...
We are not neighbours as such..
We have indicated concerns over the pipe effecting our future plans for the field. He says he’d put the pipe by the fence..
He also said If we didn’t agree, that the water company could enforce an erasement but he’d rather sort it out with us! Is that true? Can the water company force you to have an access pipe to the mains through your land for someone else these days?
Thanks
Jack.

 

[betweenthelines]

Sounds like a threat to me. It's not like it's an existing house being denied a mains supply. If he doesn't know you, why wouldn't he go the enforced easement route?

If this is a possibility there are probably a number of different routes that could be chosen to get a pipe to his plot, like down the road (which would be very expensive.

Tell him to get a borehole.

 

[Jack 7]

Hi
Sorry above should say easement.. not erasement.
In his words.. “the water company has told him, he can get an easement “
... is this so..

 

[Netherfield]

Sounds like a threat to me. It's not like it's an existing house being denied a mains supply. If he doesn't know you, why wouldn't he go the enforced easement route?

If this is a possibility there are probably a number of different routes that could be chosen to get a pipe to his plot, like down the road (which would be very expensive.

Tell him he's an arsehole.

Fixed that

 

[Nearly]

Thanks everyone.
I don’t live round there and don’t know the guy.. he was put in contact with us via a friend who is employing him to do some building work...
We are not neighbours as such..
We have indicated concerns over the pipe effecting our future plans for the field. He says he’d put the pipe by the fence..
He also said If we didn’t agree, that the water company could enforce an easement but he’d rather sort it out with us! Is that true? Can the water company force you to have an access pipe to the mains through your land for someone else these days?
Thanks
Jack.

Sounds like a threat to me. Price has just gone up.

 

[Davey]

Hi
Sorry above should say easement.. not erasement.
In his words.. “the water company has told him, he can get an easement “
... is this so..

He can get an easement (if you agree to it) otherwise he is in the sh!t

I had a neighbour ask if he could access a strip of our land to repair his drain to which I agreed. 6 months later when I was developing the site I found out that he had just stuck a new drain in 6ft to one side rather than repair his existing one.

I spoke to a solicitor who told me that if I didn't want to grant a new easement he'd have to pull out his new drain and repair his old one so I gave him my price which I figured was marginally cheaper than him having to do all that work again. He also took legal advise and then agreed to pay the number I'd given him.

 

[Lazy Sod]

As I understand it, if the man asks the water authority for a water supply, they are duty bound to provide it. It would be at the man's expence and compensation would be paid to any third party landowners effected by it and their agents fees would be paid by the water authority.

I had experience of this 25 years ago, when I had to accept a sewer pipe that was laid across my land. It was an inconvenience, but the compensation was good and the land was well reinstated.

 

[Grassman]

Remember if you allow it the strip of land with it under becomes a problem for development. Could end through someone else's garden and it's surprising how that can cause problems with a future sale.

 

[Grassman]

If water is going through could it be beneficial to you in future for any development?
Could actually save you a lot of money.

 

[Jack 7]

yep.. I was wondering if he was just using a threat.. as I don’t know the law on this..
There was No existing building on his land, until he started building these so called “fishing lodges” and a pond next to them in a field, which I believe he’s bought hoping for future development.. I think he applied for residential planning at some point but has resorted to this .
I would personally rather not get involved with him.

Is the consensus then that only I can give a waylever over my land and the water company have no legal right to enforce a easement over my land to connect him to mains, these days?
Thanks,
Jack

 

[Alfred]

Points to bare in mind ..
1. He bought the land with no mains water and knew what he was buying at the time.
2. The water board cannot force a private connection on your land , they only have powers of doing that if its for major infrastructure work. (which this certainly is not!)
3. This chap is trying to pull the wool over your eyes for his own benefit, tell him to get knotted!

 

[Goweresque]

Is the consensus then that only I can give a waylever over my land and the water company have no legal right to enforce a easement over my land to connect him to mains, these days?

The water company can put 'their' pipes where they like, they have statutory powers to do so. So if they were minded to T off their own main and drive it through your land to supply your neighbour, with a meter located on his land, then they could, and you couldn't stop them, or get any compensation beyond damage to crops and reinstatement etc.

However them agreeing to extend their network for a small private developer is virtually unheard of. There's no reason for them to agree to do so, and the price they would charge would be astronomical any way. I doubt they have to, they could (and probably would) tell him to bog off if he asked them to do that.

So your neighbour is left with one option - a meter at road side and then a private easement with you under your land for his private supply (remember any pipe under your land would not belong to the water company, it would be your neighbour's pipe). And a private easement is entirely in your gift. You can say no and he can't do a thing about it.