water pipe law

Tamsyn3

Help.
I own a home, my water pipe runs from my home, under my garden then under a farmers field to where it joins the mains. The house has a legal easement for the pipe to be there which we inherited when we moved in.
the farmer is now digging up the field and I am worried that he might cut me off.
Can he do this and if so, what can I do about it?
I know I am 'responsible' for the pipe under the water companies eyes, but where do I turn if he digs up the pipe 'by mistake' and does not effect a repair?
Also, if he is planning on developing the site, does he have to ask me if he can mess with the pipe or can he just go ahead and do it?
many thanks

Davesnave

If you have a legal easement, then the farmer should not cut off your water supply. If he did, he'd need to mend the pipe quickly, because from the council's Environmental Health Officer's perspective, your house without a water supply soon becomes 'uninhabitable.' If it's declared to be, then you'd be entitled to go into hotel accommodation and the farmer would be liable for the bill.



If the farmer is digging in the field it might be sensible to remind him where your pipe is.


Development in the field is a seperate matter, but you won't have
influence over it simply by virtue of having an easement.

Tamsyn3

Thank you for that help, so much appreciated. I would have a word with the farmer if I was able to get out (I am disabled) or had his phone number. It is helpful to know that he would have to pay for accomodation if he broke and did not repair the pipe. I am not too bothered about development per se on the land, more that I am informed as and when water may be suspended during the build.
thank you for taking the time to respond to me

naf123

Do you not have anyone else to knock on the farmer door and ask for his number so that you can phone him up? Maybe you have another neighbor who can do the favour of asking for the farmer number?

I am sure the farmer would appreciate it greatly if you reminded him where the pipe is as its too easy to forget things like that.

Davesnave

naf123 wrote: »

I am sure the farmer would appreciate it greatly if you reminded him where the pipe is as its too easy to forget things like that.

It is. Back in the winter of 2013, we almost severed the village water main, supposedly some metres from where we were about to drive in a heavy fence post with a tractor-mounted ram.

Luckily, my friend started the hole by hand with an auger and hit the plastic 'thing'....and I figured out what it was. Dowsing confirmed it.

We were almost very unpopular!

FreeBear

Tamsyn3 wrote: »

It is helpful to know that he would have to pay for accomodation if he broke and did not repair the pipe.

You would probably have to go to court to recover accommodation costs - That could take quite a bit of time. Worth checking to see if you have legal cover with your household insurance.

naf123 wrote: »

I am sure the farmer would appreciate it greatly if you reminded him where the pipe is as its too easy to forget things like that.

Doesn't always work. Had some contractors laying new drains outside my house. Pointed out where the gas pipe was, and the muppets still managed to cut through it. They had also managed to cut the water off to a house a few doors down despite the pipe locations being marked in spray paint on the kerb stones.

EachPenny

naf123 wrote: »

Do you not have anyone else to knock on the farmer door and ask for his number so that you can phone him up? Maybe you have another neighbor who can do the favour of asking for the farmer number?

I am sure the farmer would appreciate it greatly if you reminded him where the pipe is as its too easy to forget things like that.

So long as its done the right way (being helpful rather than someone being bolshy) farmers are generally very happy to make the acquaintance of their neighbours. It can lead to a productive mutually beneficial relationship (you'll tell him if someone is flytipping on his land, he'll let you know before he spreads slurry )

In the OP's situation I might go the extra mile to make contact and be friendly - things like snow clearance, the loan of a generator, the odd pile of firewood , all add up to making life easier.

If possible I'd probably start by offering the person working in the field (not necessarily the farmer?) a cup of tea or coffee... then drop into conversation that you've been wondering where exactly your water pipe runs.