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Hi, two next-door neighbours and I have properties that use a shared a water pipe that is owned by local a famer, the pipe travels 2 miles from the utility supplier’s stopcock under farm land and a public road to then connect to the utilities supplier’s water meters located in the gardens of each house. All the houses pay water bills directly to the utility company and the properties have used this water supply since built and then part of a larger estate dated back from early 1800’s.
Recently we received a letter from the farmer’s solicitor who has threatened to cut off all the houses, as he no longer wants to provide this service. As we have all recently purchased these houses (within the last 5 years) and until this point none of the house hold knew of the private supply pipe.
As the farm is closest to the utilities supply stopcock, the farmer has informed all the houses that he has struck a deal with the utilities company for a new supply once commissioned he will then cut off the three other properties.
The farmer’s solicitor letters states that he will terminate the supply unless we (the three remaining properties) take ownership of the pipe under his farmland. We have tried to come to some agreement but the farmer is reluctant to come to any plausible agreement as the farmer wishes to remove his liability entirely.
I have raised this argument with the utility company who owns up to the supply stopcock and water meter, they have provided a standard letter that this is a private supply that they would not take ownership or intervene. They have however provided me with a pricing structure to supply a new supply under the same farmers at a price of £500k; unfortunately, none of the properties would even entertain this figure.
I have taken some advice from a local solicitor and there assumption is the three houses are protected under prescription, (there is also information stated in the farms deeds for supplying water to the three houses) however the farmer’s solicitor states these arguments are irrelevant in this case.
I am therefore looking for some guidance and experience or help
Thanks
