Water easement problem

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Totaly Amazed
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Joined: Sun Apr 17, 2011 6:52 pm

Water easement problem

Post by Totaly Amazed » Thu Aug 02, 2018 1:52 pm

We live in a pre 1840 house, and I was wondering if anyone know what the foundations would be like. Our neighbours water and sewer pipes come under our house and the water pipe has leaked in our garden for the second time. This time they have brought a man in to see to it and he is saying he may have to break up the concrete near our house. I am a bit concerned as he seem to be working for himself and if anything go wrong... where does it leave us.
How close to our house can he safely dig and to our brick shed which is to the side.
Our insurance company arranged for the leak to be detected and found the gas which they put down the pipe to be strongest near the corner of the shed.
Any help with this situation greatly appreciated.

ukmicky
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Re: Water easement problem

Post by ukmicky » Thu Aug 02, 2018 11:47 pm

its not your problem ,its theirs even with the easement. They will be causing an actionable nuisance if they don't act, but cant do anything which will harm the structural integrity of you property so they need to come up with a solution at their cost or they will have to turn off the supply.

Your house

Some houses were very well built in those days but many were not and Its possible you have nothing foundation wise and without any evidence to the contrary you should be working on the premise that you have nothing that can be considered to be structurally sound enough that will allow any excavation work adjacent to the house . They need a structural engineers report before they start digging on your land adjacent to your house, paid for by them and I would not be allowing them to dig up any concrete near my property in your situation. . It very possible your property would need to be underpinned before any work to expose the pipes could commence. I also be very wary of a one man band who may not have anything near what would be required insurance wise should things go south.


The safest and probably the cheapest option for them would be to cut off the current supply and lay new pipework away from the property.
Any information provided is not legal advice and you are advised to gain a professional opinion

IdefixUK
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Re: Water easement problem

Post by IdefixUK » Fri Aug 03, 2018 7:47 am

I think that there's a machine which burrows underground and drags a water pipe along with it.(a mole???). Not likely a jobbing builder will have one but might well be a solution for the work to be done. Is the sewer pipe leaking as well or just the water pipe?

Totaly Amazed
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Re: Water easement problem

Post by Totaly Amazed » Fri Aug 03, 2018 1:29 pm

Thanks for your replies.
So far we are happy for the lawn side to be dug, but not the concrete by just anyone. Our legal line said to ask them if he has public liability insurance and our insurance company said I would be covered. All said and done I do not want any damage when they could far easier go through their house like the neighbours.
How close to the house or shed would it be safe for a proper company. Are they using their insurance for this or not!

Totaly Amazed
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Joined: Sun Apr 17, 2011 6:52 pm

Re: Water easement problem

Post by Totaly Amazed » Fri Aug 03, 2018 1:38 pm

There was 5 bars of water going through the pipe when no one was using it. We don't know how long it has been leaking and only thought something was wrong when part of our parched lawn stayed green.

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