Hi, ok understand what you have tried. He may have low to moderate aspergers and not be in control of his doings so nothing logical works. His violence is a possible there but some people are bullies becasue it always worked. I know them well.
I don't know how much he owes you and whether it is worth a lien or caveat if he is trying to sell probably not. It sounds like a mess from go to whoa. The problems with people who don't give a toss is that say he demands a caveat be lifted and you don't agree he can take the matter to court and your trying to get back to square one might be supreme court and tens of $thousands. Whoever set this whole thing up ...and it looks to me like it is an off the shelf job, did not look ahead but just plugged words into a standard easement document.If you have not signed it you may not be obliged to continue it but that doesn't help you unless you find a water supply on your own.
I go back to my suggestion...take it low key and apply to the court for him to pay what he owes...just go to debt level and see what comes of it...go to court not small claims and run a logical case but with argument the magistrate can use. Make sure you tell the magistrate exactly what you are after...continuing payments, leaks fixed (is it worth your while to do them?...he may ask you if it is costing you money you don't recover why don't you fix the leaks yourself,...for your own advantage...? ) whatever...if he can't do it he'll say so...you might want to recover your legal costs at the hearing ...say so...you may want to recover your costs to solicitors so far...say so. He's not going to give what you do not ask.
Extrapolating The problem is that you also use the pump and that on the face of it there was a very poor job done on establishing requisitions oreven issues when you moved in...presuming you did before he did. The pump will not be a heavy drain electrically unless it's a really deep well. Your ultimate solution might be to have another bore drilled and if he complains at your disconnection... give him a working alternator with weatherproof connection and tell him that's his electricity supply forever more. You have then, provided an electrical source though he has to pay for the fuel and repairs.
I think you'd better ensure notice is served on him that requires his agent or himself to advise any buyer that the pumping arrangement will not continue. I'd say the agreement may well have expired
as I don't think easements carry over from owner to owner adinfinitum. Check that.
Quite evidently your neighbour has breached the agreement almost totally anyway, has not sought to reduce your costs but to profit from your losses through watering stock in paddocks not cotttage land ....and I suspect that was an issue when the original agreement was made... and your approach has not been to sustain the
agreement but to be fairly treated whilst generously allowing him to continue ....but that does not mean you have any intent of agreeing to that paper which was never your device. You just trusted him and were not advised of the danger..
His solicitor may have told him to just ignore it, leave it to you to spend your money trying to get blood from a stone. Presuming the solicitor is paid, it seems pretty uneconomical...why not pay the electricity and if its his pump let it live or die at his cost...Your other option is to get adequate tanks installed...fill them run low pressure pumps from them to house and cut the electricity to the pump-house when they are filled. Electrics is my expertise thus my questions.
By the way, I don't believe the original agreement would have been made as shown and then the proprietors shared the pump costs....were that the case it would have been that way in the agreement. If you tell me more about the pump size/photos of the situation I may be of more help. so... Can you send me photos of the pump house? and the leaks?...if you want see my email next para.
I asked the question about practicality of his providing electricity (?). How deep is the bore, is the pump above ground or submersible? How far is it from pump to cottage and your place to pump? (
[email protected] will do). If he is not paying his share and allowing leaks so long as he is not sick so that you might endanger life, you may have to turn off the electricity and let him come and ask for it. The danger of course
is someone working on the pump unbeknown to you and you turn it on for your own use and the worker gets zapped. Thus my suggestion of the alternator. Your pastures protection board may advise you on water leakage. Decide what you want to do and have a solicitor with rural experience make it short and sweet , pay, fix, cottage land only or no more electricity....buy your water from a tanker.
In the meantime do you have photos of his watering stock from the bore?
Ok that's as far as I am going excepting that you should find whether the right of way is registered and also right of way to a property does not give access to the next property and the agreements are with the landowner, not amongst the individuals concerned....so look for title facts...just as example...say I get/buy a ROW to my property which has no other access.... I then subdivide my land...
the right of way does not serve the other block/s. I'm not sure that even if you create roads from your place to the other blocks that they can lawfully
use the right of way, Thta's one I have to shakeout some time.
You can chase that down legally but I suggest you establish the easement is still law...which I doubt other than your "kindness",and whether it is so ambiguous and unenforceable. Establish the rational behind the ROW and who owns the land ...title searchers....your right to disconnect through arrears , leaks and misuse of what you thought was an agreement and decide whether to do another bore. Obviously you didn't think the agreement would be a problem and I'd say the conveyancing solicitor might have been light on due diligence...just my opinion of course...Remember the 'cottage owner's 'right of way' in the
easement according to the original agreement is
only for necessary repairs, not for any other access....Is the easement on your land?