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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have recently bought some land with a right to draw water

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I have recently bought some land with a right to draw water from a spring on neighbouring land that I do not own. The supply pipe crosses the neighbouring land but was ploughed up at some time in the past (probably 20-odd years ago) and needs to be replaced. Who would have to pay for the work - me, or my neighbour?



Thanks for your question.


If the pipe is for the sole benefit of your land then it won't be your neighbours responsibility to pay for a new pipe. Simply because their land is subject to this right does not mean that they are responsible for it's maintenance by implication.


Usually the right granted (ie to you) subject to your paying maintenance, but even if these words are not included it does not act to transfer maintenance on to the person who owns the land subject to the right.


Unless there has been an agreement with the owner that they will be responsible to maintain the pipe (and why would they have agreed to this) then you will have to pay for a new supply pipe I'm afraid.

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Kind regards,


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