Hi guys!
I am wondering if anyone can give me help regarding my rights for an easement on my property - versus the rights of the easement holder?
There is a 3m easement along the front of my property for a private waterline for a neighbour. In order to access my property, I have to cross the easement. We were about to excavate for a driveway for a new build on the block, when I noticed a wet area, suggesting a leak. I marked the wet area and pointed it out to the excavators when they came to do the driveway, so they could avoid it. They decided to investigate, and found that the line was an old galvanised pipe, which had rusted out and was leaking.
The line is only 10cm below the ground surface. I contacted the owner of the line, to let her know it was leaking and needed repair, but her response was very aggressive, and to tell me I had no right to do anything on the easement, as she owned that land- and blamed me for damaging the pipe. I suggested that she send a plumber to look at the line and that I was happy to meet him on site. I didn’t hear from her, but a couple of days later there was a plumber there. He told me that he couldn‘t repair the old pipe, and it would have to be replaced. So far have hard no more from the neighbour, and the pipe is still leaking.
My understanding about easements was that the easement only gives the holder the right to access their water line (in this case) for the purposes of maintenance, but does not give them any rights to the land - or to be able to stop me putting access to my property across the easement? Perhaps I am wrong? Does anyone know? I also thought that before accessing the land, the holder had to give me due to notice? Also, I would have thought that the line must be buried more than 10cm? I thought there was a minimum depth it had to be?
Hope someone has some clarity on the legalities, and can give me some help?
Many thanks!
I am wondering if anyone can give me help regarding my rights for an easement on my property - versus the rights of the easement holder?
There is a 3m easement along the front of my property for a private waterline for a neighbour. In order to access my property, I have to cross the easement. We were about to excavate for a driveway for a new build on the block, when I noticed a wet area, suggesting a leak. I marked the wet area and pointed it out to the excavators when they came to do the driveway, so they could avoid it. They decided to investigate, and found that the line was an old galvanised pipe, which had rusted out and was leaking.
The line is only 10cm below the ground surface. I contacted the owner of the line, to let her know it was leaking and needed repair, but her response was very aggressive, and to tell me I had no right to do anything on the easement, as she owned that land- and blamed me for damaging the pipe. I suggested that she send a plumber to look at the line and that I was happy to meet him on site. I didn’t hear from her, but a couple of days later there was a plumber there. He told me that he couldn‘t repair the old pipe, and it would have to be replaced. So far have hard no more from the neighbour, and the pipe is still leaking.
My understanding about easements was that the easement only gives the holder the right to access their water line (in this case) for the purposes of maintenance, but does not give them any rights to the land - or to be able to stop me putting access to my property across the easement? Perhaps I am wrong? Does anyone know? I also thought that before accessing the land, the holder had to give me due to notice? Also, I would have thought that the line must be buried more than 10cm? I thought there was a minimum depth it had to be?
Hope someone has some clarity on the legalities, and can give me some help?
Many thanks!
