pipe easement

[clareskin]

we have been approached by the owner of land behind our property who are looking to construct a sewer drainage pipe with roding chamber on our land from their development for 4 detached properties (4/5 bedrooms, with double detached garages). Their only other option is using a sespit?. We've beem told that we won't be able to build anything on the land once the pipe is in place, it's 2.4 meters from our house to our boundary wall and the pipe is going about 1.5 meters from our house (really hope I'm making sence) Could anyone give me some advice to what we should be looking at in compensation? Any help or advice would be great - thanks

[Schutzengel]

If you have the opportunity to refuse permission, I would. If in place it would take value of your property. My neighbour has one of these across his back garden about 10 feet from the house together with the roding chamber, and it has been nothing but trouble, having overflowed sewage on to his patio and garden on several occasions.

[clareskin]

Not sure that we have got the right to refuse, there was an independent (so said )survey done and they have offered us 3k for the work - I'm not at all happy with this, it's my land and i'm not having anyones sh!t (sorry) thinking they can comethrough our land when they stand to make 1.5 million on the sale of the properties. Do you think I'm being unfair?

[brenda]

I am sure that they cannot route their drains through your land without your agreement.You have obviously been in negotiations with the company of builders and the landowner, so what has prevented you from saying no to this proposal when it was first mentioned.?
Or have I missed something in your post?

[Twenty20]

if you don't want it on your land then just say no. It can't be compulsory - you've already said there's an alternative for them, a cesspit, which they would have to have emptied every so often.

Why can't they run the sewer down under the road to the new properties? I guess the answer is that it would be too expensive and theyre looking for a cheap alternative?

[clareskin]

The cul de sac surrounding the property is to maxium capacity, SO!!!! the only way of the developer getting access to a main sewer is thorough our land or using a casspit. Planning was in place when we bough our property and this was outlined in the plans, I have been told today that I don' t have to allow them through our land but if we do we can be compensated for it and to name our price. SO, the big qusetion is do I allow them and if so, for how much? any thoughts on this - 21meter of sewer easement with rodding chamber?????????????

[Schutzengel]

I feel you should discuss this with a solicitor, particularly in view of my first answer about sewage overflowing from the rodding chamber. If you do decide to allow this to go ahead, you really need to negotiate a substantial amount of compensation. I mentioned discussing it with a solicitor, as you would need a water-tight agreement drawn up, stating that the party installing the sewer drain would be liable for the cost of cleaning up any overflow (believe me it happens), and also including the cost of restoring your garden to its original state. Please think very carefully before agreeing to anything.

[frankief]

I think you will find that any sewer constructed will be adopted by the local water authority. That is, they take ownership and are responsible for any future repairs. The sewer design will be checked by them as well. What you are being offered �� for is the easement - a strip of land the length of the sewer and usually 2m wide, which the authority has rights to access and you should not build anything over this.
I don't think this is really the big deal you are making it, you still have your garden, just that you will have a 9 inch pipe travelling under it on its way to a manhole somewhere.

[cassa333]

It depends on how much not being able to build is going to be a problem?

As well as the �� compensation you could also ask for a garden makeover?? At the very least to make sure everything is back as it was before.

I would go for �25k and get knowcked down from there lol. Worth a punt but honestly I would not settle for anything less than double what they have offered.

[clareskin]

We were offered �3k - sorry but that's a joke (would you have that running through the side of your garden for that) along with a rodding chamber? they are planning to sell the 4 properties for a grand total of 1.4 million. We were told that the water authority won't adopt the pipe because it's not 3m from our property, although the surveyor's report said they would but when challenged he siad he'd got his information from 'a reliable source' but the water authority said that it was a no go because of the distance between the house and the proposed pipe was less that 3m - that was the minimum allowance incase of any machinery needing to do work on the line's in the future. I original rang the water authority to see if there was another case like our to get a comparison for compensation and was told they hadn't dealt with similar case in the area . As I said in an earlier post they are not able to connect to the another established line because they are at full capacity.
There isn't a lot of room to build on the side of the land, but we were looking to build a wood storage shed on the proposed area (obviouslynot the whole length) but we wouldn't be able to do that either, so don't know where to go next.......

[brenda]

Why not say nothing doing --and await developments?

[cassa333]

I would tell them to go jump (very high).

Failing that �25k with it written in the deeds of the appropriate properties (or wherever is best) that if the pipe work isn't adopted then the other households become responsible for ANY and ALL work needed in the future and the makeing good of all damage caused.