Water Supply Pipe - Prescriptive Easement

[Andy4444]

Posted this topic on Building Regs etc forum but no replies posted. Thought I'd try it here.

Can anyone provide me with some colour on the procedure/cost for obtaining a prescriptive easement through HM Land Registry/The Courts?

I have a water supply pipe that runs along a field next to my property which had been in situ for over 50 years. I have tried to enter into a Deed of easement with the landowner however he is trying to impose unreasonable wording in the document so I have been left with no alternative but to go down this route.

I am confident that the prescriptive easement will be granted however I would like to know the pain involved in obtaining it?

 

[transam]

Prescriptive easement which means ?? is this something to do with access for maintenance purpose's ?????????

 

[D_Hailsham]

Consult a Solicitor. It will prevent arguments later.

 

[bobthebender]

I done it with a garage once and it cost £150 through a solicitor in 2006.
The garage had been on someones land for over 40 years but you only need 10 years on registered land and 12 on unregistered.

 

[Andy4444]

In a nutshell I have an incoming water supply pipe that the tenant farmer cut through when ploughing the field next to my property. The pipe was installed just after the WW2 by the landowner who rents field to farmer.

I have been trying at my cost (currently meter running at circa £3500) via solicitors to put in place a Deed of Easement (like a wayleave) to formalise the arrangement of having the pipe running through the landowners field. He has demanded unreasonable wording in the Deed and therefore I have been left with no alternative but to seek a "Prescriptive Easement" which formalises, via HM Land Registry, the right to enjoy the use of a water supply pipe that runs through another persons property. For this to be proved the pipe has to be installed for over 20 years. In fact, it was the landowner who originally had the pipe installed when he owned the property!

So, in summary, we have reached a deadlock regarding the Deed of Easement so I have to now pursue my right to a water supply via a Prescriptive Easement which will be "forced" upon the Landowner by HM Land registry/Adjudicator.

 

[D_Hailsham]

I have been trying at my cost (currently meter running at circa £3500) via solicitors to put in place a Deed of Easement (like a wayleave) to formalise the arrangement of having the pipe running through the landowners field.

I have to now pursue my right to a water supply via a Prescriptive Easement which will be "forced" upon the Landowner by HM Land registry/Adjudicator.

So you are thinking of cutting your losses with your solicitor and going alone?

Why not ask the Land Registry what you need to do? They will send you the appropriate form (I think it's RX1 Application to Enter a Restriction) and tell you the charges.

You will have to prove to the Land Registry/Adjudicator that the house has obtained a continuous supply of water through the pipe for over 20 years without the permission of the land owner. As the supply has been available for over 50 years, the 20 year minimum period for a prescriptive easement is easily met.

However, if you have been in the house for less that 20 years, you may need to get sworn statements from previous owners that they also obtained a continuous supply of water through the pipe.

 

[D_Hailsham]

I done it with a garage once and it cost £150 through a solicitor in 2006.
The garage had been on someones land for over 40 years but you only need 10 years on registered land and 12 on unregistered.

That's called "adverse possession".

 

[Nige F]

Indeed , D. But the law changed recently and you have to find and tell the landowner you intend to posess - @ the start of the timescale

 

[D_Hailsham]

Indeed , D. But the law changed recently and you have to find and tell the landowner you intend to posess - @ the start of the timescale

The Law changed in 2003, but there is still no requirement to inform the owner at the start. If there was, it would put and end to adverse possession!

If the land is not registered at the Land Registry the normal rules apply.

If the Land is registered, you can still apply for registration, but the Land Registry will then inform the registered owner of your intention to register the land.

The basic principle is that the ownership of unregistered land is based on possession, while ownership of registered land is based on registration.