Conveyancing and water pipes

QueenCarrots

I'm in the process of selling my parent's house which has been in their possession for over 50 years.

All searches have been done and the buyers solicitor has come back with this: “We cannot see the title refers to any rights for the benefit of the Property to connect to, use and access the mains water pipe in the adjacent field. Our client’s lender’s requirements are that they will not accept indemnity insurance in place of formal rights". They want us to get a deed of easement instead.

According to the water plan, the mains pipe is not under the public highway but runs parallel to it and on the other side of the road to our house, through what is private land (the field).

However from everything I've read on line, the section of water pipe that we have no rights over is the communication pipe because it is on the other side of our external stop tap (which is on the boundary of our property). Out local water company and ofwat both state that communication pipes are the responsibility of the water company. So why do we need rights to use it?

The water plan only shows the mains pipe, it does not show the communication pipe or the stop tap. Is this the problem? If so how easy is it to get the water company to amend the error on their map?

Any advice gratefully received!

martindow

Have you spoken to the water company regarding your house as opposed to general principles? If they agree that they are responsible for your water supply up to the stop tap on your land I think that would solve the problem.

Your buyers are nervous regarding problems with access in case of leaks etc. A written response from the water company showing that they own this section of pipe should satisfy them. Utilities have extensive powers to access private land to make repairs if that were ever necessary.