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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Can water company run new connection through privately owned

Resolved Question:

Can water company run new connection through privately owned third party land without an easement and using statutory powers. A neighbour wishes them to installation new supply solely to their property instead of the one they already share with x2 other properties?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello. Yes, they can use statutory powers to install new supplies, but they tend to try to geta wayleave or easement. Have you been approached about this?

Customer: Hi, thanks for getting back to me....in answer to your question , we have not been approached about a wayleave, but we have n
Customer: been asked for our permission. I think I can make the situation clearer with a little more detail:
Customer: we, my husband and I own the track over which a right of way exists to x4 dwellings. Ours is not one of these but further down the lane. When the guy who owned the land served by the track developed it many years ago a water main was put in with no reference to us from which one pipe leaves through our land into the original large plot from which each of the dwellings has a supply branching off. These dwellings have now been sold off separately hence the request from a soon to be new neighbour for a separate supply.
Customer: I called the water co. Telling them I am also an owner and to find out exactly what is planned. The guy was quite surly and said he had scheduled the work for this Friday, that it's the water co. Main and if I say no they will just get a court order to do it anyway. He wanted to know whether I was going to stop them doing it on Friday. I replied that was not necessarily the case but I needed to get my head round the matter and any legal implications. Ido not want to get off on the wrong foot with a new neighbour but on the other hand neither do I wish to be railroaded. There has been no paper work to show us what is being done neither I nor my husband have been given anything to sign. The guy said they don't need sigs as it's an access matter but as I see it even if it is their main if they are going to dig into the subsoil and create an extra conduit through another section of land this surely requires some legal formality whether with payment or not. My view is that as a water supply already exists a court would not grant an order for a further one without us being compensated or fully informed with written a written agreement. I do know the new neighbour is very anxious for it to be done ASAP but I feel these issues should be sorted out first. Ami right or have I got the wrong end of the stick? When I spoke to the guy I did say I would get back to him as to whether or not they could go ahead on Friday so your answere ASAP will be much appreciated. Ps he did not mention a wayleave but when I queried the word he went rather quiet! Many thanks
wingrovebuyer :

I agree with you. I suggest you tell the water company that you require a formal arrangement to be put in place, such as a wayleave. They do have statutory powers, but rarely use them becuase a wayleave is invariably easier and cheaper.

Customer: Thank you. I spoke to the w.c.guy who was quite unpleasant and said he had put it to the legal dpt and we would hear from their solicitor as he didn't want to give us mor time to consider and then have us go back and say no after a couple of weeks which would then be lost to him and it would now take six months for them to go through the legal process! !
Customer: i appreciate your prompt help, if there are further developments may I contact you again? I hope so,
Customer: sincerely, May.
wingrovebuyer :

No problem. Please don't forget to leave a rating.

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