Neighbour Wanting Access.

[Forever Fendt]

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!!

Its dead easy tell him to make you a once only offer for a simple yes or know with him paying all legals,It lets you of the hook if you don't take his offer

 

[Tarw Coch]

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

The way the weather has gone lately he could have done with an offer like that back in the autumn.???

 

[Matt]

if you do it, make sure you have a payment upfront, then yearly rent payment (inflation linked) and stipulate its only for the one property. unless you are dealing with openreach for the phone line.
remember as others have said, this is to make it simple for future people. he could sell it and the next person could be a idiot.

 

[Cab-over Pete]

Blimey!!! Thank you all for your advice. I didn’t expect this lot to read this morning!

I’m just very wary of him I’m afraid. He’s an IT businessman which obviously doesn’t make him a bad person but he has no idea of how we all go about things in the rural community.

I’ve emailed him back and said if he wants to talk to give me a call. We’ll see where we go.

 

[Laggard]

Play it cool.

 

[Sid]

3 times we have allowed an easement across our fields.
Water pipe- Neighbour was a really nice couple and local farmer, 2 pipes in same trench, all very amicable. Roll on 30 years house changes hands we put in for wind turbine, bloke and mrs are ill informed fruit cakes. Constant barrage of phone calls and abusive along with slanderous comment about what I was going to do to their car, drive property if I didn't get my planning because of them. Forth right conversation face to face , with witnesses, about how their water got to their house calmed them down.
Would rip pipe out if I could.

Power lines- farming neighbour 3 poles across our land, no problem, explained we were putting in planning for turbine, told then site, no problem. 10k spent on drawings, planning submitted, can we move it, yes if you give me 10k. Objected kicked up hell of a fuss. Wife wont speak, rest of family will now. Gives me great pleasure to ring house speak to her and say your sheep are out again!
Would remove power lines if I could.

Openreach want to connect neighbours to our line, wayleave agreement needed.
Nice neighbours but past experience.....but maybe one day I will want something....

 

[Two Tone]

We had a similar situation. We put it all in the hands of our agent, who as it happens is not far from you @Cab-over Pete , Richard Abbey at John Earle and Co. He was brilliant and we ended up with a payment many times what we thought it would be.
No brainer - get an agent!

 

[Cab-over Pete]

I know Richard, a nice chap who has put work my way many times .

Our usual land agent has moved so if we can’t find her I’ll give him a call once I’ve spoken to the neighbour.

Once again, thank you all for the advice on this. I know nothing about the ins and outs of land matters and it’s great to be able to ask you all.

 

[farmerm]

What is the 4G signal like? No point in fibre if you can get a good 4G connection is there?

 

[michael N123]

Don’t do it we’ve a complete pair of dick heads moved in next door

even if you get on with the current owners they can easily sell it to someone else in a few years who could cause problems

 

[David.]

If I am reading this correctly, Pete could finish up with an unwatered paddock if he tells yer man to do one.
If you and others are fleaing off HIS metered supply, it puts a slightly different twist on it.
If Severn Trent own the main pipe it is different.
If there is no domestic dwelling in your paddock, I think he is entitled to withdraw his generous consent to water which he has been careful not to charge for, so that no implicit historic agreement exists.
Just saying, but he does seem to have a bargaining chip if you decide to decline his request.

 

[Still Farming]

if you do it, make sure you have a payment upfront, then yearly rent payment (inflation linked) and stipulate its only for the one property. unless you are dealing with openreach for the phone line.
remember as others have said, this is to make it simple for future people. he could sell it and the next person could be a idiot.

If he lays a duct and draw cords he can fill with lots and other items later too???

 

[Two Tone]

I know Richard, a nice chap who has put work my way many times .

Our usual land agent has moved so if we can’t find her I’ll give him a call once I’ve spoken to the neighbour.

Once again, thank you all for the advice on this. I know nothing about the ins and outs of land matters and it’s great to be able to ask you all.

Don’t let the neighbour persuade you not to use an agent. The agents know what they are doing and will make sure everything is done legally and properly, especially Richard!
Agents know that they must do everything legally or they can be sued. They carry very good legal insurance in case this should ever happen. Even if it years later and your neighbours have changed.

In your case, you cannot lose. You will get paid a fair amount that Richard will determine as a professional valuer. It will all be drawn up professionally.
Your neighbour cannot complain insofar as it is done properly and not on the cheap as far as he is concerned.
It also neatly precludes any future bad feelings on both sides.

 

[nick...]

But you can always pull the draw cord out if he is a pain in the arse
Nick...

 

[dave6470]

But you can always pull the draw cord out if he is a pain in the arse
Nick...

All he needs is a ferret a piece of string and dead pigeon been there done that

 

[Goweresque]

All he needs is a ferret a piece of string and dead pigeon

Is that what Michael Caine's great idea was at the end of the Italian Job?

 

[Yosemite Sam]

If she trims your hedge, I would insist on the right of access to her hedge in return!

But seriously, why do they now want to put water etc. across your property? Does their property not have frontage to a public road?

It’s easier and less hassle for said neighbour to dig a trench up through a field, rather than dig up his drive and keep filling it in every night, so he can come and go I suspect.

 

[thesilentone]

It looks like there are several issues here.

1) The Lane : you say he owns the lane, however several use it for access. It is normal that each would have a shared responsibility for maintenance, as well as a legal agreement that guarantees access.
2) The water pipe: currently if it is a shared metered supply, and he is the account holder, then he has to pay the total metered amount for all users, then sub-charge as per each metered amount for the other parties, their maybe a liability for the standing charge for each user also. If he is putting in a new supply, then once he switches to this, who pays the charges for the existing main meter (who becomes the account holder) ? If the new pipe is in your land, and there are additional future properties being built, then what is the location of the new meters, and who is responsible for any bursts or maintenance, the last thing you want is a massive wet patch while everyone argues about who's responsible to do the repair. I would have a deed of access, that not only allows them to enter to make a repair, but also has a few conditions on time frame and is specific on who is legally responsible. Don't be tempted to join the new supply for a trough or similar, as you then take on liability for the pipework up to that point.
3) Fiber optic cabling: This is not straightforward, who is doing the job ? This type of cable needs to be x meter's from this, that and the other. Again an agreement would be needed to ensure all areas of access, maintenance and potential accidental damage (draining, burying dead pets etc, are covered.

In my view, if he owns the lane and you need access, live and let live, allow the work, but appoint a agent at his expense, if they are willing to make good after the job, all's well, but let the agent decide. (you don't want work going on in a wet time). If you want to impose long-term charges, then you must be willing to accept the same for use of the lane.

If surrounded by houses, it can only help the value of your land.

Good luck.

 

[Cab-over Pete]

I don’t need broadband there, it’s only land we have. There will never be planning permission granted on our bit, because it’s in the shadow of Kenilworth Castle

 

[Adam@Rumen]

£25k plus yearly fee plus an option for you to remove it they sell their property if you see fit

Soon find out if he really wants it