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Author Topic: Access to Well Water Issue  (Read 243 times)

BunnysRock

  • Joined Aug 2021
Access to Well Water Issue
« on: May 10, 2022, 08:16:57 pm »
Hi, hope I've posted this in the right section! We've come across a bit of a problem that I'm hoping some legal eagle may be able to help with! We bought our smallholding 3 years ago and it came with mains and private water supply. Both the meter and the well are on land that the previous owner retained. There was a pipe that joined both supplies with a diverter running down to the house. Shortly after we moved in we discovered we had a major leak somewhere in the 400m of pipework! Cut a long story short, we eventually got permission from the owner to relay a new pipe for the mains (as that was the priority for getting good pressure to our boiler) and just left the original pipework in the ground, albeit disconnected from the well. The land was subsequently sold and the new owners of the land are now saying we can't reconnect to the well as the well connection isnt shown on the land registry, just the mains (but we laid the new pipe virtually side by side with the old pipe) and legally this would constitute a new right and connection! We have an easement in place over the land and this just says "for the flow of water". Any idea where we could find out the "ownership" or rights for the well as its served our house as the only water supply for 450 years!  Tia.

chrismahon

  • Joined Dec 2011
  • Gascony, France
Re: Access to Well Water Issue
« Reply #1 on: May 11, 2022, 06:31:33 am »
Bit of a contradiction going on here as an 'easement' wouldn't then need 'permission' which then leaves you with no established rights and so no 'easement'. As I see it you have your 'flow of water' and there is no right for an extra pipe connected to your neighbour's well. The emphasis would be (in court) for you to prove your established right to his well water and with nothing previously granted in the conveyances, or recorded by the land registry anyway, that's going to be difficult. Either way it's going to be either a pipe with well water or a pipe with mains water but not two pipes I think.


My advice is to leave as is and spend your money on something else.

BunnysRock

  • Joined Aug 2021
Re: Access to Well Water Issue
« Reply #2 on: May 11, 2022, 07:33:03 am »
Thanks for the reply Chris. The easement was put in place  after we bought the house and discovered the leak. He was difficult to get hold of and it cost us a fair few quid in wasted water waiting for his permission to access the land. We've requested copies of our Title Deeds which may help shed some light on it.

I hear what you're saying though, it's not a major priority. Cheers.

 

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