Neighbouring farmers water trough pipe

[mafo64]

Hi, I've just discovered that the water pipe leading to the animal troughs in the fields around my house passes under my garden. I discovered this as there is a very wet patch and once I dug down I found it, leaking profusely! It's only about 35 cm deep. Should there be a way leave agreement in place? I am unaware of one. Any advice would be much appreciated! Thank you.

[echat11]

Hi MAF064

Can't respond directly, but here's an article (posted only for article) -

https://www.gazetteherald.co.uk/farm...s-land-access/

[des8]

Minimum & maximum depths for supply pipes: :

• Minimum depth is 750 mm
• Maximum depth is 1350 mm.

Should have a wayleave or easement or contract.

Presumably the pipe was already there when you purchased the property.
Perhaps the farmer had permission from one of the previous owners and nobody has had reason to notice the presence of the pipe (or he might even have an easement that was never noted on your deeds)

[mafo64]

Hi ECHAT11, Thanks so much for that, the article refers to payments utility providers pay landowners for wayleaves. In my situation a farmer is using my garden for his water pipe to the sheep/cattle trough, so it's a private access.

[mafo64]

Minimum & maximum depths for supply pipes: :

• Minimum depth is 750 mm
• Maximum depth is 1350 mm.

Should have a wayleave or easement or contract.

Presumably the pipe was already there when you purchased the property.
Perhaps the farmer had permission from one of the previous owners and nobody has had reason to notice the presence of the pipe (or he might even have an easement that was never noted on your deeds)

Hi Des8, that's interesting, the pipe is certainly not 750mm, nearer 350-400! Yes, the pipe was already there (though I didn't realise until just discovering the leak). I bought it 16 years ago and have no recollection of anything on the deeds. The land used to belong to my house - an old farmhouse (long before I bought it) so there may well be a local agreement/understanding?

[des8]

I suspect then, that the pipe was laid whilst all the properties were owned by the same person, and it was just forgotten about when your plot was sold off.

You could embark on a potentially expensive exercise to either have the pipe removed or for the farmer to pay for an easement (neither action might be successful as full details aren't available) or you could have a pleasant chat with the farmer to resolve the problem (mend the pipe, put it deeper and regularise the access (if he doesn't have an easement)

An easement might now exist by prescription (ie the pipe has been in position for 20 years (who owned the property before you?) and it has been "without force", "without secrecy" and "without permission"

you can check your Land registry file (cost £3) here: .https://www.gov.uk/search-property-i...-land-registry

[islandgirl]

Farmer husband says in this country you need 2ft 6 of cover to prevent freezing (about 792mm). The pipe has probably frozen in the past hence the leaks. As suggested by Des8 go and see the farmer! He is probably unaware it is leaking. Avoid a dispute if you can would be my advice.

[mafo64]

Hi Des8 and Islandgirl, thank you so much for this, really helpful! Wasn't aware of the "without force", "without secrecy" and "without permission" being applicable to easements too, having worked in the field of public rights of way for many years! My priority is to resolve amicably, unfortunately the landowner concerned is an extremely difficult and somewhat catankerous character...