Written agreements with a neighbour

F8photo

We have lovely neighbours and they have graciously allowed us to run the water discharge from our sewage treatment plant down their garden to a legal soakaway.

Can we establish a written [DIY] agreement between us about a right of access if either of us require access for maintenance etc. We could include notice and costs etc. Its just that we get on great but a future occupant may not be so cooperative and the agreement would have to be binding on future owners both ways.

I wanted to avoid involving solicitors if at all possible!

Davesnave

Like anything else, if you want to DIY rather than involving a professional, you must accept that the buck stops with you and there's risk of not achieving 100% effectiveness.

In the scenario you describe, it's not just a matter of whether you are both satisfied with the agreement, but what potential future purchasers will think of an agreement not overseen by someone qualified to judge it.

In other words, it could conceivably hinder a sale and might therefore end up costing you more than you 'save.'

davidmcn

Davesnave wrote: »

Like anything else, if you want to DIY rather than involving a professional, you must accept that the buck stops with you and there's risk of not achieving 100% effectiveness.

In the scenario you describe, it's not just a matter of whether you are both satisfied with the agreement, but what potential future purchasers will think of an agreement not overseen by someone qualified to judge it.

In other words, it could conceivably hinder a sale and might therefore end up costing you more than you 'save.'

Indeed - the point at which you realise you've made a mess of it will be in the middle of a sale (or remortgage), and possibly when you don't have such an agreeable neighbour available to help you sort it out.

foxy-stoat

You would probably need to involve solicitors at some point, either now or when they come to sell in the future or when and if you need to replace the pipework. I would bite the bullet and sort it now while they dont want to sell, as it may well be a sticking point on a future purchaser and they wont want to mess about getting agreements formalized during the conveyancing process.

buggy_boy

Just as a side note, have you made sure the soak away can take the extra volume?

SmashedAvacado

If you want to have binding rights that survive a sale by your neighbour then you need to do this properly

If they have a mortgage then their lender will need to be involved potentially if you want to be granting rights over your their land.

it will involve the grant of an easement and the reservation and grant of rights. Probably will cost a couple of thousand to sort.

if you just want to deal with it by contract, then a simple agreement is enough but this probably wont bind a successor of your neighbour and when your neighbour comes to sell, (or if you decide to sell before your right is properly protected) you may have a problem.

foxy-stoat

Did you have a cesspit before you fitted the sewerage treatment plant and did you get permission from the local water authority to connect into it?

F8photo

foxy-stoat wrote: »

Did you have a cesspit before you fitted the sewerage treatment plant and did you get permission from the local water authority to connect into it?

We had a failed septic tank [1963] which drained via our neighbours garden into a ditch at the end of their garden. The new water pipe actually follows the route of the original drain. Everything complies with the Binding rules and has been signed of by building control.

The soakaway is a 'seasonal' soaraway as defined by the EA and complies.

I have contacted a few solicitors but 2 grand frightens me to death!

davidmcn

F8photo wrote: »

I have contacted a few solicitors but 2 grand frightens me to death!

Even if you don't want legal advice, your neighbours would be well advised to seek legal advice before burdening their land with these rights - and in the circumstances, it would be fairly standard for you to meet their costs. As above, if they have a mortgage lender then their consent will also be needed, which will also involve fees. Whether all of that would necessarily amount to 2 grand, I don't know - it doesn't necessarily need to.

G_M

I had an almost identical set-up. My mains water pipe crosses the neighbour's land to reach my property. My sewerage discharges into his septic tank. All amicable, nothing in writing.

Some years ago I discussed formalising the arrangement with him, and he was agreeable. I paid a solicitor to draw up a Deed. We both signed, and it is now recorded against both our property Titles with the Land Registry.

If I sell, my buyers will have nothing to query.

If he sells, I won't risk the new owner suddenly withdrawing my rights.
If he goes on extended holiday and the pipes block/back-up, I have the right to enter his land and unblock.

Well worth the modest legal fees to have a proper agreement in place.

ps - if you really want to save money and DIY, I could forward you a copy of my Deed. You could use it as a template to adapt it for your circumstances, and submit it yourselves to the LR.

pps - we were also fortunate in that neither of us had mortgages. If there's a mortgage, the lender's consent will be needed for any change to the LR Title.

F8photo

G_M wrote: »

I had an almost identical set-up. My mains water pipe crosses the neighbour's land to reach my property. My sewerage discharges into his septic tank. All amicable, nothing in writing.

Some years ago I discussed formalising the arrangement with him, and he was agreeable. I paid a solicitor to draw up a Deed. We both signed, and it is now recorded against both our property Titles with the Land Registry.

If I sell, my buyers will have nothing to query.

If he sells, I won't risk the new owner suddenly withdrawing my rights.
If he goes on extended holiday and the pipes block/back-up, I have the right to enter his land and unblock.

Well worth the modest legal fees to have a proper agreement in place.

ps - if you really want to save money and DIY, I could forward you a copy of my Deed. You could use it as a template to adapt it for your circumstances, and submit it yourselves to the LR.

pps - we were also fortunate in that neither of us had mortgages. If there's a mortgage, the lender's consent will be needed for any change to the LR Title.

Thats interesting! may I ask what it cost please?