Water easement

More
1 year 6 months ago #558140 by Ratbag625
Water easement was created by Ratbag625
I know this has been discussed before.  We have a water easement for pumping water from the stream via a pump shed between us and the neighbour. The land was originally a dairy run which was sold in 2 titles. The neighbour no longer uses the water from the stream except where it runs through his place and the pump has been disconnected from the power supply and is knackered anyway. Now we are having a bore established near the old pump shed because of power access, so my question is:  Can the neighbour apply the easement to our private bore?

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago - 1 year 6 months ago #558141 by tonybaker
Replied by tonybaker on topic Water easement
An easement is the right to use another person’s property for a specific purpose without actually owning it so you may not be allowed to use it for an electrical connection.It depends on its wording. The easement only allows the owner to do what the easement says, it won't have any effect on a bore outside of the easement. You need to talk to the owner of the land with a view to altering the easement as otherwise you are at their mercy in future. Can you use a solar pump instead?. 

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)
Last edit: 1 year 6 months ago by tonybaker.

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago #558142 by Ratbag625
Replied by Ratbag625 on topic Water easement
I've got it now, thank you, the power and shed are on our property, we will advise them what we are doing and get the power connected in our name, they haven't used the old pump for years as I think they don't have a use for it anymore, their water comes from some other source.

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago #558143 by tonybaker
Replied by tonybaker on topic Water easement
seems odd that shed is on your property and not on the easement? If it is on your property and easement is of no use to either party, then you should apply to surrender it

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago #558149 by max2
Replied by max2 on topic Water easement
If I am reading the update correctly, this means the neighbour has an easement on your property for the supply of water?   If that is the case, do you know the measurements of the easement?  It should be on your title documents you received from your solicitor at the time of property purchase. 

You can also order on line a copy  www.linz.govt.nz/products-services/land-...s/land-record-search    which I would recommend doing.

As well as order from the site source any survey documents which support the easement.

In our experience of water easement, at the time of the development here, they drew in the easement but never applied for the carriage of water through the easement, so the neighbouring property could have a pump but wasn't supposed to move the water back to their property.  totally stupid but these sorts of fine print details are things you need to check, esp. if establishing a new set up.   

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago #558151 by tonybaker
Replied by tonybaker on topic Water easement
what this illustrates is that on buying a property, or even before buying, go to the council and get your own copy of the LIM and any relevant documents and READ THEM thoroughly AND confirm boundary locations. Most councils allow a free download of these documents from their website.

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago #558153 by Alan Gilbert
Replied by Alan Gilbert on topic Water easement
I once owned a property which had an easement over it allowing a neighbour to take water from a stream. The easement did not specifically allow him to lay a cable to power a pump for such purpose, and I got an opinion from my solicitor as to whether that right was implicit. There was then (15 years ago) no case law to settle that question, so it was left unanswered.
I strongly suggest you consult a solicitor—easements are a minefield.

Please Log in or Create an account to join the conversation.

More
1 year 6 months ago #558154 by max2
Replied by max2 on topic Water easement
Its stupid isn't it. We bought our property via the same Solicitor, but then paid for them to drill down into the easement regulations... that's when we found out that an easement on its own really means nothing, it has to have carriage of water, power etc over the affected property.

What our solicitor did say is that if its historical, even though our neighbours were only new at the time, we couldn't have it taken off as it might be deemed to affect the adjoining property's value. the only way around this was to buy the property ourselves and have the easement removed from our existing title...

Please Log in or Create an account to join the conversation.

More
1 year 5 months ago #558171 by xylstra
Replied by xylstra on topic Water easement
An Easement is a surveyed piece of land. It is NOT mounted on casters so does NOT roll to a new location. So long as you have been wise not to locate the bore on the existing easement then you can tell your neighbour to "F" off! Believe me, I KNOW exactly what I'm talking about, I've been through Hell over 30 years with two neighbours next door who somehow acquired the whacky idea inside their heads that they think I'm Santa Claus next door!

Please Log in or Create an account to join the conversation.

More
1 year 5 months ago #558173 by xylstra
Replied by xylstra on topic Water easement
Been there, done that..... When an Easement becomes obsolescent through whatever reason the law provides no quick mechanism to remove it from your property title. So if your neighbour withholds consent to remove it they can effectively hold you to ransom with a redundant legal instrument they no longer use. Your only recourse is to spend $10,000's just to have the high court tell them to use their common sense. What the Hell is wrong with this mickey mouse legal system of ours that cuckolds a property owner with this type of silly nonsense?? Time for long-overdue change!

Please Log in or Create an account to join the conversation.

More
1 year 5 months ago #558174 by xylstra
Replied by xylstra on topic Water easement
Well spoken Alan, know what you mean - got the scars to prove it! Cheers.

Please Log in or Create an account to join the conversation.

Time to create page: 0.134 seconds