neighbour's right to spring water

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

neighbour's right to spring water

Postby pmkur » Sun Sep 10, 2017 6:47 pm

We are looking to purchase a house and land with private spring water. We understand the spring served multiple properties in the past but that now the overflow of the holding tank fills a neighbour's pond only. It would be our only water supply. The title register for the property we are buying includes:

The land has the benefit of the following rights reserved by a Conveyance of land adjoining the eastern boundary dated XX 1954 made between (1) XX (Vendor) and (2) XX (Purchaser):-
"EXCEPTING AND RESERVING to the said XX or his successors in title the right at all reasonable times to enter upon the said land hereby conveyed for the purpose of inspecting repairing and maintaining the water supply pipes laid therein or any of them making good any damage occasioned thereby."

Would we expect to find anything describing anyone's right to the water (as opposed to the pipe)? Is there any way we can gain comfort that they only have right to the overflow and not the primary supply? Any thoughts or comments on the situation would be appreciated.
pmkur
 
Posts: 7
Joined: Tue Sep 05, 2017 9:48 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: neighbour's right to spring water

Postby pilman » Sun Sep 10, 2017 10:48 pm

The reservation clause allows access to the land adjoining the east boundary "for the purpose of inspecting repairing and maintaining the water supply pipes laid therein"

That does not suggest a spring is located on the land you intend buying.

The "water supply pipes" would appear to be located on the land to the east.

The clause was in a 1954 deed, so since then has a spring started providing water to this property that was not known about in 1954?
pilman
 
Posts: 2841
Joined: Thu Mar 11, 2010 5:08 pm

Re: neighbour's right to spring water

Postby pmkur » Sun Sep 10, 2017 11:05 pm

Thank you for the reply pilman.

I had thought that the extract for the title register described a right (to inspect the pipe etc) that someone else had to come onto our land - ie to my disadvantage.

Are you suggesting that my understanding is incorrect and in fact this describes a right I would have to go on someone else's land? - ie to my advantage.

pilman wrote:The reservation clause allows access to the land adjoining the east boundary "for the purpose of inspecting repairing and maintaining the water supply pipes laid therein"

That does not suggest a spring is located on the land you intend buying.

The "water supply pipes" would appear to be located on the land to the east.

The clause was in a 1954 deed, so since then has a spring started providing water to this property that was not known about in 1954?
pmkur
 
Posts: 7
Joined: Tue Sep 05, 2017 9:48 pm

Re: neighbour's right to spring water

Postby pilman » Sun Sep 10, 2017 11:13 pm

The land has the benefit of the following rights reserved by a Conveyance of land adjoining the eastern boundary dated XX 1954 made between (1) XX (Vendor) and (2) XX (Purchaser):-
"EXCEPTING AND RESERVING to the said XX or his successors in title the right at all reasonable times to enter upon the said land hereby conveyed for the purpose of inspecting repairing and maintaining the water supply pipes laid therein or any of them making good any damage occasioned thereby."

The land has had the benefit of that reservation clause ever since the land to the east was "conveyed" by the common owner in 1954.

The seller wanted to retain a right to go on the land he was selling to deal with the water supply pipe that existed under that land. He made it clear that such a right was for the benefit of whoever owned the land in the future. i.e. successors in title.

So yes, I do think you have misunderstood the wording in the register of title.
pilman
 
Posts: 2841
Joined: Thu Mar 11, 2010 5:08 pm

Re: neighbour's right to spring water

Postby pmkur » Sun Sep 10, 2017 11:19 pm

Thank you again for very a useful reply.

In that case I come back to my original question without the title register extract:

We are looking to purchase a house and land with private spring water. We understand the spring served multiple properties in the past but that now the overflow of the holding tank fills a neighbour's pond only. It would be our only water supply.

Would we expect to find anything describing anyone's right to the water? Is there any way we can gain comfort that they only have right to the overflow and not the primary supply? Any thoughts or comments on the situation would be appreciated.
pmkur
 
Posts: 7
Joined: Tue Sep 05, 2017 9:48 pm

Re: neighbour's right to spring water

Postby pilman » Sun Sep 10, 2017 11:31 pm

You appear to be asking whether in the years since 1954 any deeds were executed by the owners during that period of 63 years granting rights to other local properties.

That would certainly require more than a good knowledge of property law.

The research into that question would need quite a considerable degree of efficiency, although buying the registers of title for the neighbouring houses would be quite a logical place to start.
And not too expensive either at £3 per register copy.
pilman
 
Posts: 2841
Joined: Thu Mar 11, 2010 5:08 pm

Re: neighbour's right to spring water

Postby pmkur » Mon Sep 11, 2017 8:40 pm

I have reviewed the title register for the land to the east and found nothing obviously relevant.

pmkur wrote:The land has the benefit of the following rights reserved by a Conveyance of land adjoining the eastern boundary dated XX 1954 made between (1) [Mr A] (Vendor) and (2) [Mr B] (Purchaser):-
"EXCEPTING AND RESERVING to the said [Mr C] or his successors in title the right at all reasonable times to enter upon the said land hereby conveyed for the purpose of inspecting repairing and maintaining the water supply pipes laid therein or any of them making good any damage occasioned thereby."


From other sources it seems very likely that Mr A sold the land to the east of this land to Mr B in 1954 and that Mr A was also the owner of the land I am trying to purchase (i.e. the land who's title register contains the quoted extract). I have no idea who Mr C is. Have you any thoughts as to what the meaning of Mr C is on the register?
pmkur
 
Posts: 7
Joined: Tue Sep 05, 2017 9:48 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Return to General Topics

Who is online

Users browsing this forum: Google [Bot] and 3 guests

cron