Spot the Pipeline
Those beyond a certain again will remember Spot The Ball, the competition on the sports pages back in the 80s/90s.
It was an action photo from a football match with the ball missing – you had to mark the picture with an X where you thought the ball was and send it in with your entry fee. If the middle of your X aligned with the middle of the ball, you won the prize.
Except, it wasn’t quite like that. What actually happened was that judges also guessed where they thought ball was, and if your guess matched their guess, then you won the prize.
I now wonder whether a similar process was used to provide documentation to us, and to the purchaser of our neighbouring plot, as to where the oil and gas pipeline ran in relation to both our plots.
Here is the location of the pipeline, as shown in the approved plans for the plot we purchased. More importantly, it is also where the purchasing of the neighbouring plot was told the pipeline was.
And here is the actual location of the pipeline, updated after the pipeline owners had been out with their magic wand and a subsequent dig to perform a visual inspection of the pipeline:
The ball is not where they thought it was!
The pipeline owner has a legal responsibility (as defined in the Deed of Servitude) to maintain pipeline markers at boundary points, and you can see two of them at the border of our plot (roughly left of the markers) and our neighbours plot, at the front of the wall. One is the original marker that existed when we bought the plot, and the second was added after the dig for a visual inspection. There is also a marker at the back of the plot, and that is where the discrepancy was - the pipeline was meters from where the approved planning document indicated.
I never did find out how this could happen – we don’t know if the marker at the back of the plot was originally in the wrong location (the pipeline owners insists this was never the case) or where the architects who did the original planning permission got their information from, but someone messed up big time.
I’d like to have thought the specific location of the pipeline would have come up during the plot purchase process, but whilst the missives etc clearly mentioned the pipeline it did not specifically state where the pipeline was in relation to either plot – that information was only part of the planning drawings, which were independent (from a legal perspective) of the plot purchase.
Thankfully for my wife and I, the new location of the pipeline did not impact us in any way, and in some respects would make our life easier, as we were farther from the no-build zone. Our neighbours were not so lucky – they had to change their plans to move their house and shrink it using a stepped design, so as to not have anything on the no build zone. I’m not sure how far he explored any legal routes available to him, but it seemed he had nowhere to go as the purchase of the plot itself did not specify where the pipeline was.
My learn from this: Don’t trust something because it is on a plan or a drawing. Ask questions and get confirmation. Caveat Emptor.
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