Drain Pipes Crossing Farmland Agreement Example

[taffinnorfol]

Oh, the joys of higher water tables and old fashioned drainage systems!
We live in Norfolk and bought a house with an ancient cess pit for sewage! I won't bore you with the problems!!
We have just committed �10,000 for a sewage treatment system, which includes pipework across our, very obliging, neighbouring farmer's field, into a ditch (with the water authority licence, of course!).
We are now totally broke but the farmer has suggested that it would be in both our interests to have a legal crossing agreement in case damage accidentally occurs to the pipe! We're quite happy to take all responsibility as he has been kind enough to let us cross the field but we need to find a reasonable template / model / example agreement which we can both sign, have witnessed and then put with the Deeds.
Does anyone have any idea where I can get such a model agreement or, if not, some suggested wordings???
Many thanks!

[themas]

I can't answer your question, but you do need an easement to go with the deeds as otherwise any future owner of the field in the next 20 years could refuse to allow you to continue using the pipe & discharging to the ditch. It is best to get a solicitor to draw up an agreement suited to your specific circumstances.

You need to be careful what liability you accept. For example, if something went wrong with your sewage treatment plant and you discharged raw sewage into the ditch would you have to pay for any resulting clean up? This is not necessarily a matter of your relationship with the farmer so much as with the water company. If possible get yourself insured against such liabilities.

[taffinnorfol]

Thanks themas,

Good points, taken on board!

[MustafaTickl]

" Full right and liberty for Taffy and his successors in title to lay maintain inspect renew use alter and remove a drainage pipe or pipes for containing the same where necessary under the land shown by black diagonal hatching on the site and location plans of (Farmers Title No) and to enter thereon and break up the surface thereof so far as may be necessary from time to time for the purpose of laying relaying maintaining altering and removing the said drainage pipe or pipes Taffy in the exercise of such rights making good all damage occasioned thereby to the reasonable satisfaction of the proprietors of (Farmers Title No)"

Telephone your local District Land Registry Office who will tell you which forms (and the fees) you need to alter the Register for both your own and the farmers title.to include this covenant.

[taffinnorfol]

Thank you MustafaTickl. Excellent answer and I will incorporate some of the ideas into the final draft!