Neighbour Wanting Access.

teslacoils

Member
Arable Farmer
Location
Lincolnshire
The trouble with legal agreements is what happens when someone refuses to abide by it, then what do you do? Its all very well having a document that says Party A must do X, Y and Z, what can Party B do if they don't? The answer involves our learned friends, which as we all know is the short route to losing a lot of money and years of your life.

I never like legal agreements where the self interests of the parties are not aligned and one party has agreed to do all manner of things that his true self interest would make him want not to do. Because chances are somewhere down the line, self interest will reassert itself, and then there will be a big dispute which can only be settled by resorting to law.

In short just because someone signs a document agreeing all sorts of things, is no guarantee he'll do them, especially in the long run, or indeed another person who takes on the agreement will abide by it either, as an easement goes with the property.

Not much should go wrong. I'm currently laying a new 62mm pipe through my neighbours field. All welded joints and 1m deep. Pressure tested before we finish. It ought last longer than I do. No reason it should ever be mechanically damage.
 

Still Farming

Member
Mixed Farmer
Location
South Wales UK
Shared lane ,access ,fields or barns sold off ,shared meters and water pipes always trouble.
Are they thinking of selling possibly too?
Just say contact your agent if you got one so to deflect one to one ,nitty gritty as will put it all in writing formally.
If he then wants it and your happy all ok.
 

br jones

Member
At the moment there is a water supply pipe under the lane, which is very narrow and would really need to be closed to dig it up. It’s a dead end with his property at the far end, past mine and a few others (no other housesbut it’s only our field he would want to go through to get to his own fields.

There’s nothing wrong with the water supply except it only goes to his place and then branches off to several privately owned paddocks including mine. We all have a private meter which he is free to read whenever he likes. We barely use a drop and he doesn’t charge us even though we ask him to accept payment. We’ve given them half a lamb occasionally.

I think the water pipe is a smokescreen because there’s no problem with it. He really wants to lay fibre optic I think and is using the excuse that he will improve water supply as a bonus.

We used to rent a field off him but it was just hassle so didn’t renew it. His wife cuts our hedge whenever she likes because she insists it damages her car. It’s all nonsense, it’s cut every year and not one single other person has an issue with it. The potholes in the lane (which they own and are entirely responsible for the costs of upkeep for) are the problem. She drives around them and brushes the hedge.

It’s got a bit silly over the years, they’re very petty people. If I was to type out all the nonsense they have caused for other lane users I would be here all night.

I think I’m mostly inclined to tell him politely to sling his hook and not to bother me with it again. I’ve an idea he thinks I’m a bit of a pushover and will just lie down and let him go ahead. I don’t want to be as petty as they are and would like to help him but am quite sure there may be trouble ahead!

He barely speaks and won’t even acknowledge me some days so I might have known there would be a reason for the very pleasant 20 minute chat we had three weeks ago!!



Well ,i think its time to tell him straight ,fix the lane after you have dug it up to lay your duct ,ta muchly
 

Smith31

Member
RRhheetteesteethe
The trouble with legal agreements is what happens when someone refuses to abide by it, then what do you do? Its all very well having a document that says Party A must do X, Y and Z, what can Party B do if they don't? The answer involves our learned friends, which as we all know is the short route to losing a lot of money and years of your life.

I never like legal agreements where the self interests of the parties are not aligned and one party has agreed to do all manner of things that his true self interest would make him want not to do. Because chances are somewhere down the line, self interest will reassert itself, and then there will be a big dispute which can only be settled by resorting to law.

In short just because someone signs a document agreeing all sorts of things, is no guarantee he'll do them, especially in the long run, or indeed another person who takes on the agreement will abide by it either, as an easement goes with the property.

This relates to a single property asking for an easement, it is easily enforceable as a claim for costs can be made against the owners of the house if they ignore the agreement. The op describes it as a big house worth a few £.

Realistically, once underground what damage will be caused to the property owned by the op? None. There is minimal risk of underground cables or water pipes with no joints incased in ducting of failing.

Obviously the sums involved need to be worthwhile for the op. But I fail to understand why some are so against making money from the use of the area underground.
 

Smith31

Member
Any suggestion on the amount to ask for?!

I suspect your neighbour may want to throw a few extra ducts in to the hole ;) with small manholes at each end. This will allow him to bring extra services to his property in the future if he builds or converts existing buildings on his own land.

The amount has to be a few thousand, if not deflect responsibility and tell him your family as a whole don't agree with the idea and dont bother.
 

le bon paysan

Member
Livestock Farmer
Location
Limousin, France
At the moment there is a water supply pipe under the lane, which is very narrow and would really need to be closed to dig it up. It’s a dead end with his property at the far end, past mine and a few others (no other housesbut it’s only our field he would want to go through to get to his own fields.

There’s nothing wrong with the water supply except it only goes to his place and then branches off to several privately owned paddocks including mine. We all have a private meter which he is free to read whenever he likes. We barely use a drop and he doesn’t charge us even though we ask him to accept payment. We’ve given them half a lamb occasionally.

I think the water pipe is a smokescreen because there’s no problem with it. He really wants to lay fibre optic I think and is using the excuse that he will improve water supply as a bonus.

We used to rent a field off him but it was just hassle so didn’t renew it. His wife cuts our hedge whenever she likes because she insists it damages her car. It’s all nonsense, it’s cut every year and not one single other person has an issue with it. The potholes in the lane (which they own and are entirely responsible for the costs of upkeep for) are the problem. She drives around them and brushes the hedge.

It’s got a bit silly over the years, they’re very petty people. If I was to type out all the nonsense they have caused for other lane users I would be here all night.

I think I’m mostly inclined to tell him politely to sling his hook and not to bother me with it again. I’ve an idea he thinks I’m a bit of a pushover and will just lie down and let him go ahead. I don’t want to be as petty as they are and would like to help him but am quite sure there may be trouble ahead!

He barely speaks and won’t even acknowledge me some days so I might have known there would be a reason for the very pleasant 20 minute chat we had three weeks ago!!
Having read this, I tell you now that you will regret having anything to do with it.
I'd tell him too fudge off, but politely.
 
If I were in your position , I wouldn't even spit out , unless you had engaged a proper land agent , and he was present at ALL meetings (And all this at his expense . ) Trying to negotiate with him yourself will almost inevitably end up with you on the losing side - if not now , at some time in the future . And even more pressing for a land agent - he will know pitfalls that you weren't even aware of , and also , if after all this you do go ahead , the agent will claim for things , and include protection for you that never in a million years would you think of
 

DanniAgro

Member
Even if you do a lawyer based deal with this creature, your second post detailing your past interactions with him reveal everything, especially the part about him ignoring you in the past until he wants something. Surely everyone here has dealt with this sort of lowlife, and he will shaft you royally in his plans to develop his empire, and as Groweresque says, he will very probably ignore any contract.
 

RushesToo

Member
Location
Fingringhoe
@Cab-over Pete - there should be something in it for you.
Decide what you want, then tell him that he will have to negotiate with your agent [that he is paying] Get what you want with Land agents assurance and you should both be happy with the deal.

What's in it for you?
Cash
Access to broadband [in the contract]
Access to metered water as an extension from current layout in the contract]
- and anything else you might want.

If you don't want him to develop it - you probably don't have a blocker - he will go up the road - and if he gets PP he will offlay the costs on repair on future owners.

You know the situation best - but the deal should only be done if it benefits both parties to an amount that they are satified with. I think you may always set your benefit from a deal too low.

Truly hope this helps,
 

multi power

Member
Location
pembrokeshire
At the moment there is a water supply pipe under the lane, which is very narrow and would really need to be closed to dig it up. It’s a dead end with his property at the far end, past mine and a few others (no other housesbut it’s only our field he would want to go through to get to his own fields.

There’s nothing wrong with the water supply except it only goes to his place and then branches off to several privately owned paddocks including mine. We all have a private meter which he is free to read whenever he likes. We barely use a drop and he doesn’t charge us even though we ask him to accept payment. We’ve given them half a lamb occasionally.

I think the water pipe is a smokescreen because there’s no problem with it. He really wants to lay fibre optic I think and is using the excuse that he will improve water supply as a bonus.

We used to rent a field off him but it was just hassle so didn’t renew it. His wife cuts our hedge whenever she likes because she insists it damages her car. It’s all nonsense, it’s cut every year and not one single other person has an issue with it. The potholes in the lane (which they own and are entirely responsible for the costs of upkeep for) are the problem. She drives around them and brushes the hedge.

It’s got a bit silly over the years, they’re very petty people. If I was to type out all the nonsense they have caused for other lane users I would be here all night.

I think I’m mostly inclined to tell him politely to sling his hook and not to bother me with it again. I’ve an idea he thinks I’m a bit of a pushover and will just lie down and let him go ahead. I don’t want to be as petty as they are and would like to help him but am quite sure there may be trouble ahead!

He barely speaks and won’t even acknowledge me some days so I might have known there would be a reason for the very pleasant 20 minute chat we had three weeks ago!!
Pete you asked how much to ask for, now before I read this post I thought maybe the amount that would pay for a nice cruise for yourself and your wife, but having read the quoted post make sure it's a 6 month round the world cruise
 

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Red Tractor drops launch of green farming scheme amid anger from farmers

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quote: “Red Tractor has confirmed it is dropping plans to launch its green farming assurance standard in April“

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