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Category: Property Law
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The land is subject to right of drainage and rights in respect

Customer Question

The land is subject to right of drainage and rights in respect of supply of water.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please give me a little more information. Do you want to know what that wording means?

Kind Regards

Al

Customer: replied 1 year ago.

yes I need to know what the wording means

Customer: replied 1 year ago.

are you still there

Expert:  Aston Lawyer replied 1 year ago.

Hi Hemal,

Thanks.

It means that a neighbouring property has the right to use any pipes and drains on the property for the flow of water and drainage.

ie there is probably a drain and pipe that runs over the property leading to the neighbouring property and the property owner is obliged to allow the neighbour to use this drain and water supply pipe and is not permitted to cut off this supply to the neighbour.

Hope this assists.

Kind Regards

Al

Customer: replied 1 year ago.

The clause iis in title deeds of adjoining land to my warehouse. Therefore does this mean owner of adjoining land is legally has to allow me to lay pipes under his land to supply water to my warehouse.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Yes, you are correct- provided it is clear that your warehouse land is indeed the neighbouring land referred to in this party's Deeds.

If you look in your Deeds (in the Property Register), there should be similar wording granting this right of drainage and water.

Hope this helps

Al

Customer: replied 1 year ago.

problem is my transfer deed states "right to free flow of water soil gas and electricity from and to the property herby transferred through sewers watercourse now existing under the retained land (as in his land).

The problem I have is that the statutory regulation does not allow me to connect to exisiting water pipe under his land because I have to connect my supply pipe directly on to the mains supply on the high road.

The landowner is not allowing me to do anything under his land as he states I did not enjoy the water for few years therefore I do not have any rights now to connect any water.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

I'm afraid the rights in your Deeds do not indeed allow you to connect to the water pipe on the adjoining land now. The right is restricted to any rights that were being exercised by your land at the time the right was granted.

Only if the right had included the words "and the right to connect to any pipe" would you be legally entitled to tap into his water supply pipe now.

Sorry this isn't the answer you were hoping for.

Kind Regards

Al

Customer: replied 1 year ago.

how about if my title was removed from his title, therefore aren't all the benefits enjoyed by him under LPA 1925 s78 transferred to me as my title was derived from his title when I bought the property,

Years ago there was one owner of the land who sold separate parts to different people, as such both me and land owner are sucessors to the original owners.

By the way my warehouse is in his title plan. His title deeds clearly states that new water pipes can be installed as and when required.

Customer: replied 1 year ago.

Can someone please answer my query

Customer: replied 1 year ago.

It does say "through any pipe now existing in or under the landowners land

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola

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