AllezAllezAllez Posted January 14, 2005 Share Posted January 14, 2005 Any views on this most welcome. A little bit legal, but more renovation I think...Our square parcel of land is surrounded on three sides by the same land owner who is, not beating about the bush, the least popular man in our village. The landowner offered to sell me spme of this land last year. I ageed with him a certain price (the market rate for poorly drained clay terre) and when the landowner came around to do the deal he increased the price three fold. No deal was made.Unfortunately, the same piece of land is where I now need to run a drain, where semi clean water evacuated from our sand pit would run. (The water in the sand pit comes from 3 x 3000lt tout eaux tanks). When I asked the land owner last year if I could pass a drain at my full expense and pay for necessary notaires fees to make a Convention de Servitude' he agreed it was okay.Now ready to make the drain, the landowner has said I cannot go ahead becuase I did not buy the land. I should have seen that one coming, !The land in question is miles from the land owners home and would run downhill into uninhabited oak forest, in exactly the same way that my neighbours drain does, only 3 meters away from where I proposed to place mine. There are no seeds, crops, paths, cables or graves to be crossed here. It is just pure clay bogg. Call me old fashioned, but I just cannot see any problem in doing this.To get to the point, if I am not given permission by the landowner tio pass his land with a drain (70cms below), then where can the water be evacuated to? The Environment Agency tell me I have to empty the sand pit (100m2) as it is thick clay all around and it does not drain well enough in a natural way. Situated at one end of the sand pit is the collecten chamber where a submersible pump lies in waiting to evacuate water.Any views welcome on what might be the legal solution or a drainage solution. Being the vengeful creature that I am, I would be delighted if anyone knew of some kind of obscure 17th century compulsory purchase order which I could slap upon the land owner and then run like the clappers.Kind regards,Ali Link to comment Share on other sites More sharing options...
Piprob Posted January 17, 2005 Share Posted January 17, 2005 Ali, is it remotely practical to carry the water away on the fourth side of your property - the adjoining land your 'nasty' neighbour does not own? It's a bit surprising your neighbour has no legal duty to provide reasonable access, bearing in mind the thrust of legislation concerning 'fosse septiques'. Good luck. Link to comment Share on other sites More sharing options...
Teamedup Posted January 17, 2005 Share Posted January 17, 2005 If I were you I would contact the DDE and ask what they suggest. For sanitary reasons they perhaps could insist. If they cannot insist and it is down to you, well, you may not have the right to put drains under this person's land. It is hard to imagine that some sort of servitude to yourselves would have ever been written into their deeds.Incidentally have you checked all your paperwork to see if you have any rights. And is there any chance of you buying the land now, may be cheaper in the long run. Link to comment Share on other sites More sharing options...
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