Water problems

postiepatman

I purchased a building adjacent to my mothers home off her 2 years ago. It was built in the early seventies as a horticultural shed and hot house with planning for a garden centre. It was further rebuilt in the mid 90's and extended. The building has electricity, a connection to the septic tank and to the water supply. The potential problem now lies with the water and sewerage.


The septic tank is on my mothers land and the water supply is shared between the two properties on one bill.


The building has always had a water supply but when I asked the water company for a bill they say we don't own the supply it so they can't issue one.


When I purchased the property the solicitor put it in the deeds we will share services, this was all fine while my mother was living but she has now passed away and my mothers house is owned by myself and my sister who wants to sell my mothers house.


The nearest main is over half a mile away and totally uneconomic to put in a new connection but the existing one is live and been there for 42 years, so what happens when we sell my mothers house. Do we get free water? Is it legal to split the bill with our new neighbour?

Davesnave

It's possible to write a continuation of a shared supply it into the sale contract, as I did this a few years ago when I sold my house and retained some land, but I think my purchaser's solicitors were negligent, as I ended up with free water in perpetuity, instead of for a limited period, as agreed!

So, I'm not sure about splitting the bill or whether the average buyer would wish to enter such an agreement. I wouldn't.

However, if the supply is good, what's to prevent the service pipe being split just before it enters both properties? Surely a garden centre/nursery would need a very good supply.

postiepatman

It's a standard domestic supply, never actually started the business he hoped and it laid dormant except as workshop. We managed to get planning permission to convert it into a dwelling last year. We were intending to live next to my mother to look after her but she passed away a week into the build. Given that the existing connections have been there for at least 40 years, what's the legal situation to continue when someone eventually buys my mums house.

Davesnave

postiepatman wrote: »

It's a standard domestic supply, never actually started the business he hoped and it laid dormant except as workshop. We managed to get planning permission to convert it into a dwelling last year. We were intending to live next to my mother to look after her but she passed away a week into the build. Given that the existing connections have been there for at least 40 years, what's the legal situation to continue when someone eventually buys my mums house.

This is a common enough situation when farms are split up and redundant buildings used for domestic accommodation. Services like water and sewerage may be shared, and the way this is done will be written into the title documents created with the new dwellings. If there is a private road, maintenance costs for that will be apportioned too.

If there's already a water supply present, each property will become partially responsible for maintaining the pipe to the supplier's water main.

If the meter is currently half a mile away at the other end of the access road, then you may not need a new pipe, but you'll probably need to split the supply through two new meters at the properties themselves. If the meter is at the property, it's an easy enough matter to split the supply just before it and add another.

Surely the water authority will be the best people to advise on this.

postiepatman

Yes but the water isn't metered.

Davesnave

postiepatman wrote: »

Yes but the water isn't metered.

Not important. If anything, it makes it easier.

There will be a point where the supply pipe meets with the water company's main, just like the access track meets with the county road.

You wouldn't have two access tracks going to the same farm and you don't need two supply pipes.

Each property can have it's own supply by splitting the supply pipe, just like the two properties can share the same access track and have their own driveways.

How it's all paid for (all of it being private) is set out in the legal documentation.

Jonesya

I think you're on dodgy ground - you've added another dwelling onto an existing unmetered water supply and don't appear to have informed the water company.

The charges for the unmetered supply are based on it supplying one house, they will want paying for the extra house.

I think you need to speak to the water company again, but speak to them as the joint owner of the house that is sharing/splitting their water supply with the new extra dwelling, wanting to get a formal arrangement in place.

Jonesya

Davesnave wrote: »

How it's all paid for (all of it being private) is set out in the legal documentation.

I think the OP will find it isn't private.

Water companies aren't stupid, you can't pay for a single unmetered household supply and then sell it onto other properties. The charge you pay is based on it supplying a single house.

You add additional houses onto the supply then you'll need to register them because when the water company eventually find out they will want paying. Technically it's probably at best breach of contract, potentially even theft.

Davesnave

I wasn't necessarily suggesting subterfuge, as I doubt it would work. A consequence of making a new dwelling would include new council tax etc and probably metering for both properties, as there would be with the electricity supply.

But how these changes are paid for/agreed would need sorting out. The fact it's within the family should make it easier.

(The fact that I have two properties with one water supply, none of it metered, is entirely coincidental. The electricity and drainage is separate)

postiepatman

"There will be a point where the supply pipe meets with the water company's main, just like the access track meets with the county road"


The water main connection is at least half a mile away. The original supply was connected on a main road, crosses a field, a commercial premise's yard and down the side of a country lane until it reaches the boundary of the property, then goes past the barn we are converting to the main house.


The problem would lie if they metered at the main road.


If they metered on the side of the lane that would be ok. But would that mean they'd be taking responsibility for the pipe up to there. Would they likely agree to have a pipe split and two meters or even just ours metered and the main house as is?

Davesnave

postiepatman wrote: »

If they metered on the side of the lane that would be ok. But would that mean they'd be taking responsibility for the pipe up to there. Would they likely agree to have a pipe split and two meters or even just ours metered and the main house as is?

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The meter is a red herring in the sense that it isn'tautomaticallythe point at which the water authority takes responsibility. The point at which they do that is usually where the pipe comes out of private land.

So, I can't see why a meter couldn't be installed close to the boundary of your development, This wouldn't change the status of the pipe in the access track, which would stay the responsibility of those benefiting from it. How that responsibility is shared is up to the individuals concerned,

I don't think anyone here can tell you whether the addition of a meter for your barn conversion might result in the original house being metered too, but I'd guess a concern about that is why you are not already speaking to the water authority. However, I think you will have to speak with them eventually. If I decided to develop my barn into an independent habitation, that's what I'd expect to do first.