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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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If I lease some of my land to a 3rd party, is the 3rd party

Customer Question

If I lease some of my land to a 3rd party, is the 3rd party allowed to dig up my water pipes on the land I leased to them and smash up all of the land drains which drain my retained land and the leased land?
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I am tempted to give you a one word answer "No" but can you explain a little more please. Why have they done this to your pipes and drains?

Customer:

its a bit of a saga, I'm researching this for a farmer that I do some clerical work for. he leased part of his farm to a developer to build a marina, however the lease seems to be entirely in favour of the developer.

Customer:

The developer has obtained a permit from the environment agency to treat silt containing heavy metals from the canal basin in a pit which he has dug on the leased land, (currently under investigation by the planning enforcement team as this method of treatment was not part of the original planning permission). Where the pit has been dug there was a water pipe and drainage pipes which are all now broken by the contractor digging the pit and the water pipe has been dug up and laid on the ground, and the contractor refuses to bury it again. There have been other incidents of pipes being damaged and the lease does not allow the owner of the land to go onto it to mend the pipe and the developer will not mend it either. There are other land drains on the property land that has been leased which no doubt if they are where the developer wants to install a roadway or other construction will also be destroyed. It's a real mess

Customer:

The farmer has council but the cost is mounting and there are other issue that he is dealing with so I am trying find out if there are any other avenues that can be pursued, thank you for your time

LondonlawyerJ :

You will need to look at the lease carefully . Was the land that was leased a division of land held by your friend or was it a lease of a discreet piece of land next to his property which has been registered separately at the Land Registry. If it is the first then the terms of the lease will be paramount. If it is the second then you should look at the land Register entries available online to see if there are any easements (rights over neighbouring land) which your friend has the benefit of.


Even if there are no easements registered and nothing in the lease protecting his rights of drainage etc. he may still have some rights over using the neighbouring land for drainage.


This is not a simple area of law and will be somewhat fact specific. Your friend should get legal advice from a solicitor about this. If the lease was drawn up by a solicitor he might want to speak to those solicitors about this. It is too complicated for this service.


I hope this answer is helpful but if yo have follow up questions then please feel free to ask them.

Customer:

I will see what I can find out. Kind regards

LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 800
Experience: Experienced solicitor
LondonlawyerJ and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.


hi, this matter is still ongoing but has been referred to property law specialist. Thanks for your help

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