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Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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A large building firm has dug a deep pipe in the corner of

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A large building firm has dug a deep pipe in the corner of my field with a plastic drainage pipe on to of the soil to supposedly drain flood water into the said pipe to stop possible flooding to houses they have built on land adjacent to my field. They did not ask permission to do this, only said they wanted to rent a small part of true field for a few weeks to put pallets on it while they did work on their land. Imagine my concern when I visited the site and they had installed this pipe, They now want an easement to leave the pipes etc.there would I be liable to checking this pipe for damage or repair over the years and if I wanted to sell my field for building if I granted this easement could they stop any sale?would they be able to declare an interest or something similar would this easement damage the price to sell the top part adjacent to the pipe?
I am so stressed about this and don't know what to do. Please help thank you regards Ann
1. Dear *****, the first thing I would suggest to you is that you should consider selling this part of your field to the large building firm and not simply granting them an easement to lay the pipes there. The large building firm have acted unilaterally in placing the pipe there. This gives you the right to dig up the pipe, as they have no right to put it there. So, I would suggest that rather than seeking to grant them an easement to lay the pipe, you simply sell them the piece of land for a ransom payment. This then ends your interest in the pipe and your land which surrounds the pipe. You can then just use and sell the remainder of the land should you wish.
2. Be aware that from a legal point of view, granting the large building company an easement does not affect your right to sell the land. However, a purchaser would want to know what arrangements are in place to ensure the pipe operates satisfactorily and is maintained. For this reason, I would suggest you sell this strip for as high a price as you can achieve. Otherwise, as you suggest, the price you receive for adjacent land might be lower, should you sell in the future.
3. Be aware that the large building company have acted high-handedly here. So, you should treat them as you are entitled to treat them - as trespassers on your land. So seek as high a price as possible to licence their trespass. They have a large number of houseowners who will seek damages should their houses flood!
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Customer: replied 2 years ago.
Thank you but if they do not want to buy that portion of my field only an easement what am I liable for and could they stop me selling the rest of my field for building? Could they hold me to a type of ransome so that I can only sell to them , at price they can determine?