Neighbour Damaged Our Water Pipe...but Wont Reinstate!

[ottosump]

Hi group, our neighbour decided to hire a mini digger in the summer and done a bit of sporadic digging, he subsequently damaged our water pipe which runs up through his land (25mm MDPE) He never told us about this, the first we knew was when we didn’t have any water. The pipe was approx 14 inches deep under the soil, the thing is the pipe is still uncovered; I’m concerned that with the weather getting colder that it will freeze and our home will be left with no supply. Any one who read my previous post will understand that we don’t get on with the buffoon living next door, he has gave us constant head aches since moving in. I have aired my concerns to him about the pipe freezing, only last week he told me it was getting sorted in a few days. Our car windows are frosted over this morning and on checking the pipe, lo and behold it’s still sitting in a pool of water open to the elements. We own the supply for about 150 metres, he is on another supply, can anyone suggest the best course of action to take, bearing in mind that our property is up for sale and he is the only neighbour we have for approx half a mile,
Kindest regards Otto

[ottosump]

Sorry forgot to mention that after the initial damage a repair was carried out, by his mate, who fitted a straight connector.

[janbee]

Otto, you have my sympathies . Can the council help? or the water company? Failing that, a visit to the Citizens Advice Bureau or a lawyer may be needed. I hope it all gets sorted out soon. xx

[murraymints]

I would send solicitor letter advising he has 72 hours to repair or you will and he will be billed !

[buildersmate]

I trust you have an easement in your property land title to cover this pipe?
If so, check the wording. Assuming it entitles you to go on his land to maintain the pipe, I'd be wanting to go and inspect the pipe. A pool of water around the hole suggests it is still leaking.
Irrespective that he damaged it, I'd be wanting to undertake a repair under my own control to ensure it is done right.
Repayment because he damaged it comes later.
Have you checked the terms of your buildings insurance policy? Damage to household owned supply pipes from the water company main to your property may be covered.

[Deskdiary]

Instructing a solicitor when you are in the throes of selling your house is a spectacularly bad idea - avoid at all costs, particularly for something comparatively minor.

As you are selling your house, I'd be as nice as pie to the neighbour and arranged to get it fixed at your expense. This will stick in your craw, but the sale of the house (presumably) is more important than getting into a dispute at this stage, and having to disclose the dispute to potential buyers.

Definitely check your insurance - damage to underground pipes you are responsible for is covered, usually, as standard.

[Peter Pedant]

good advice from DD

if you are selling you are obliged to say if you are in a neighbourhood dispute and this will affect the price

[Peter Pedant]

and someone is gonna point out that you have been onto their land to look at the pit, the pipe and the waaaater ! without permission or notice and this is trespass

repair and sell

[themas]

PP - but is it trespass if, as bm suggests, there is a right go onto the land to repair under the easement?

I agree that in practice the best solution - in order to facilitate a sale - is for otto to repair. But this requires co-operation from the neighbour unless there is a right under the easement.

[ottosump]

Thanks for all the replies guys n gals & the supportive comments, it was really useful. I really didn’t want to go down the solicitor route for obvious reasons; I do have easement in my deeds and can access the land at anytime to inspect my services. I bit the bullet, literally (the neighbour had 5 shotguns confiscated from his home last April for threatening an ex girlfriend) I confronted him’ and after a heated debate, with much swearing & stick waving he agreed to make good the damage he had caused. The pipe is now covered, I cleared the air a little, he threatened me with the police if I went onto his land again, I explained the easement in the deeds but to be honest it was like talking to a 12 year old, the neighbour has a history of drug abuse, and after 15 minutes in his hovel, he reappeared with an apology, I think some self sedation was present. But all in all a result, but I’m sure there’s a shotgun cartridge with my initial on it now.
Thanks again group, wait for the next installment, it wont be long..
Otto

[Peter Pedant]

// PP - but is it trespass if, as bm suggests, there is a right go onto the land to repair under the easement? //

no you can do as the easement says - er re-read the post - so long as there is one.