Septic Tank and Deed of easement

SHE569

Hi we live a rural life. Lived here for 5 years. This house belonged to the farmer next door’s family since the 1930’s. In fact the farmer next door was born in this house.  Several owners since but always occupied. To cut a long story short, we have recently sold to a neighbouring farmer’s grandson. Agricultural mortgage. We were not made aware of the new General Binding Rules on selling a house with a septic tank that drains into the farmer’s soakaway and then into the ditch.  We are having a new sewage treatment plant fitted next week. The new system will drain into our own soakaway on our land and the pipe will then drip clean water into the ditch.  The buyer’s lender wants a deed of easement but our farmer next door does not want to sign a deed of easement. He purports to own the ditch.  We are not sure why he has objections.  It’s putting us in a very awkward position and our purchase in jeopardy. 

Our question are:
.  Does  lender have to have this deed of easement now if we are abiding by the new guidelines on our own property with the new system in place?  

.  Does the 20 year rule apply as the house has been continually owned and the septic tank used?  
.  If we still need this deed can the farmer refuse by law? 

What can we do to rectify the situation so the sale can go ahead.  The conveyancing has been going on since late August 24.  Our solicitor we feel isn’t doing a very good job in advising us, preferring to curtail to the farmer next door with no solutions in sight.  Please help 

Robin9

The ditch will belong to somebody.  Is in on your land - OK. On the adjacent field  - not OK