Drainage easement (conveyancing)

oz0707

If I have a written agreement with a landowner, to connect new drainage to theirs how will this affect future conveyancing? The agreement states the parties involved, the agreement (connection of new drainage), the conditions (surface reinstated to previous condition) and an amount of compensation for the inconvenience.

Their drain run is already a public sewer because it serves a number of properties. All of these properties will have an easement in the deeds, or perhaps a prescriptive easement?

Mine will not, as it stands have a easement. How will my signed agreement affect my ability to obtain one and not be held to ransom? Do drainage indemnity's exist which will cover this kind of situation.

Thanks in advance!

EDIT
I have just discovered these
"Absence of easement indemnity insurance"
Would the signed document I have be helpful in reducing the premium for an insurance such as this.
The property on my ground will be a newbuild if it effects the query.
EDIT 2
I have just pumped in a £100k level of cover, for an absence of easement indemnity policy. The premium was £75! Nothing! Sorry to be answering my own question here but if someone clued up in conveyancing could confirm it would be appreciated. It seems these indemnity's are now cheaper than getting conveyancers to do the actual work to resolve the issue!?

ValHaller

The written agreement is very limited in value. It will depend on content, but it will probably only ensure the right to install and connect. Unless you pay some regular fee, you might not have a contract which gives you the right to use the drain - and if you do pay a regular fee, the other party could terminate the agreement or ask for more!

For this reason, this is best implemented by means of a deed of easement, which makes the rights permanent and transferable with the property.

Indemnity insurance is a strange beast - it is insuring against the consequences of something which has not been done being discovered. On the whole I think that your own written agreement makes things worse, because you know that it has not been done properly.

G_M

You should get a Deed of Easement registered with the Land Registry, which bestows rights/obligations on allfuture ownersof your, and your neighbour's, land.

I recently did just that:

https://forums.moneysavingexpert.com/discussion/comment/51025985#Comment_51025985

oz0707

Thanks both. Interesting read GM. Did your neighbour simply have to sign rather than employ their own solicitors? What kind of cost did you incur for this?

martindow

It is important that the easement allows you onto the land in the future if maintenance or repair to the pipe is needed - not just laying the pipe and reinstating the land in the first place.

oz0707

I have today spoke to a conveyancer and the water authority.

Neither is of the opinion that an easement is required.

The new connection will serve 3 properties, and as such will become adopted by the water board as a public sewer. The water board have confirmed they only ask for a written agreement signed by the parties concerned.

The conveyancer said that when they do a search on a property for drainage, if it shows on the water boards system then all is well.

It all seems a bit un-thorough to me. Obviously I have a agreement with the current land owner and then I suppose if this person was to sell the new pipe would show up on their searches and being public sewer the new buyer wouldnt be able to 'cut it off'.

Thoughts anyone?!

G_M

The water board have confirmed they only ask for a written agreement signed by the parties concerned.

written agreement or what? right of access? What if a subsequent owner refuses?

I cannot really comment as not familiar with the "serve 3 properties, and as such will become adopted ..."

Did your neighbour simply have to sign rather than employ their own solicitors? What kind of cost did you incur for this?

In my case neighbour and I agreed amicably. I paid £500 whichwas to draw upthe Deed, and also registration fees against both properties.

My solicitor wrote to neighbour with the Deed to sign, advising him to take hisown legal advice, (which would have been an extra cost) but as we'd already discussed/agreed, and the Deed was pretty self-evident, he just signed.