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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6971
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I would like to ask a question relating to property. In 1950

Customer Question

I would like to ask a question relating to property.
In 1950 there was an agreement for a service pipe to supply water to a neighbouring land. In 1964 I bought the property. The pipe supplied water to my neighbour until 1985 when new system was put in place. Since then the pipe has not been used and the previous neighbour removed the pipes on her land which connected to the ones under my property.
The neighbouring property was sold to a builder who is taking me to court so he can use the pipe for waste/ sewage for 30 new houses he wants to build. Does he have a case?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

It seems that he has bought the land that has the benefit of the covenant to use the pipes.

However, the covenant fell into misuse years ago and was surrendered/ abandoned by the previous owners of that land who not only stopped to use it but installed a separate system.

The covenant or easement fell into misused at that point and cannot be simply resurrected because it suits the builder.

In addition I very much doubt that the pipe is fit for the purpose he wishes to use it for. I would contact your local council and have a chat to the building regulations department just to get their view.

Best wishes

Michael

Customer: replied 1 year ago.
Thank you your response. How do I know if it is an easement or covenant. In the deeds it reads as an agreement between parties.
Customer: replied 1 year ago.
Also. Just to clarify does the builder have case and secondly what points of law should we rely on when we represent ourselves.
Expert:  Michael Holly replied 1 year ago.

Hi if it is in the deeds at all it suggests this is not just a casual arrangement or licence between that vendor and that purchaser as such personal agreements do not end up being mentioned in the title deeds.It could be an easement or covenant it pretty much adds up the same

The land that the builder has bought has the benefit of this right and it may be that the builder is simply trying to push what they see as their right. However the position with property changes and rights can lapse because they are no longer used or appropriate . If a different system was put in place and no owner of his property has used it then it has fallen into disuse.

In any event it was not designed to be used for 30 houses sewage and water it related to one property.

Your point is not to dent it existed but simply recite the history. As I suggested speak to your local council you can enlist some powerful allies that way.

Best regards

Michael