Conveyancer missed water issue

1) conveyancer liability.
What exactly do the searches say?
You had a water search done - with what result?
I asume you rou received a TA8 - what does it say?

* If the various searches and enquiries show nothing, in what way could the conveyancer be liable?
* If they show up this arrangement, then you are as much at fault as the conveyancer since you will have been sent copies to review and bought the property on that basis
* If the searches were not done, then the conveyancer might be liable.

2) water supply
In an arrangement like this, I'd expect there to be Deeds in place between you/neighbour and you/nursery
a) giving them right to access for water across your land
b) specifying how payment for water is allocated and
c) specifying who is responsible for repair etc of the pipework

3) Drainage
Off-topic a bit, but out of interest, what is the arrangement for drainage. Yours? Neighbours? Nursery's? Does their drainage cross your land? If so, again a deed should be inplace. Is there a shared septic tank by any chance?

4) Billing
a) Assuming there is no such Deed in place, just an informal 25/25/50 split, I would get a Deed drawn up and then registered against all 3 property Titles. There will be some minimal Land Regsitry cost + cost for however many solicitors the 3 of you end up using. 1 could do it all if you agree, or you might each want your own.

b) meter
By far the best idea is separate meters. This could either involve
i) the water company separating the pipework and installing separate meters, probably on the neighbour's/nursery's land
ii) or you maintain the current system where you pay the total bill, but then bill the others based on their usage calculated by private meters, installed on your land, on your side of the water company meter where the pipes run off to the other properties.

Private meters would be cheaper/easier I suspect, but leaves you with the (potential) problem of chasing the others for their contribution.

Bear in mind that though the current arrangement may have worked well till now, if someone new buys the other property, and claims the nursery is using more than double them and refuses to pay 25%, what would you do......?

As regular readers here will know, I'm a tea & cake man. The first step is a friendly, informal chat with the neighrbour and nursery owner (together or seperately) to outline your concerns and suggest formalising the arrangement. Point out ( in a non-threatening way!) that (unless their Title deeds say otherwise) they have no right to water across your land, but you are more than happy for them to gain such a right, provided a suitabe Deed is drawn up.

Note - they may actually have a right based on extended use, but that's a complex legal area.

See how they respond and take it from there.

I suspect the nursery will be initially reluctant, as their share of usage is likely to increase.

I suspect too that you'll have to be willing to take on some costs, even if just to get legaladvice upfront on whether they have gained some legal right by virtue of established use. Do you know how long this arrangement has been in place?

Thereafter, you should persuade the others to bear the cost of the Deed (giving them the right to water!), or reach a compromise on costs.

edit: this thread may be of interest:

http://forums.moneysavingexpert.com/showthread.php?t=3793571&highlight=water+septic+tank

Turn the water off I guarantee they'll sort it the same day