Sewage Treatment Plant - Written agreements with neighbours

[LakesDylan]

I have verbally agreed to connect my chapel conversion to the neighbours existing septic tank, which is shared with another 2 properties, so long as I pay to upgrade the system to a new, compliant, sewage treatment plant.  This is by far the most cost effective way of dealing with the wastewater. 

But, before progressing the neighbours want the following to be documented...

1. All the neighbours want a formal written agreement for the ongoing maintenance of the system between us and

2. The neighbour with the treatment plant in their garden wants an agreement in their deeds (as there is with the other 2 neighbouring properties) that details the access.

 

Has anybody any examples of these?

Thanks in advance.

 

[ToughButterCup]

Yes, our deeds detail our access rights. And here's a photo of our lovely neighbour nailing the access gate shut. Because he wanted to. 

Edited September 18, 2021 by ToughButterCup

[Stones]

35 minutes ago, ToughButterCup said:

Yes, our deeds detail our access rights. And here's a photo of our lovely neighbour nailing the access gate shut. Because he wanted to. 

 

What a pleasant chap!

[Stones]

11 hours ago, LakesDylan said:

I have verbally agreed to connect my chapel conversion to the neighbours existing septic tank, which is shared with another 2 properties, so long as I pay to upgrade the system to a new, compliant, sewage treatment plant.  This is by far the most cost effective way of dealing with the wastewater. 

But, before progressing the neighbours want the following to be documented...

1. All the neighbours want a formal written agreement for the ongoing maintenance of the system between us and

2. The neighbour with the treatment plant in their garden wants an agreement in their deeds (as there is with the other 2 neighbouring properties) that details the access.

 

Has anybody any examples of these?

Thanks in advance.

 

 

None of that seems unreasonable. Our neighbours tank and soakaway lies on our land. When we purchased, provision was made covering access and reinstatement should any works be required. 

 

Straightforward for a solicitor to draft for you.

 

Have you agreed to do it all via solicitors and who is picking up costs?

[ToughButterCup]

Oh, in terms of running costs, when your neighbour nails your access gate shut, you can just stop paying the maintenance charges like we have.

Free poo disposal all because of a flash of frustration and lack of self control on our neighbour's part. Couldn't make it up couldja ?

[Russell griffiths]

1 hour ago, ToughButterCup said:

Oh, in terms of running costs, when your neighbour nails your access gate shut, you can just stop paying the maintenance charges like we have.

Free poo disposal all because of a flash of frustration and lack of self control on our neighbour's part. Couldn't make it up couldja ?

I would purposely go on a high fibre diet and poo more. 

[Temp]

Its common for such things to be in the deeds of all the houses.

 

Not sure if it's possible but it might be worth adding a dispute resolution process. It's not uncommon for one party to want to replace something while another only wants to repair it again and again. Majority voting? Minority pays for surveyors report? 

[epsilonGreedy]

2 hours ago, Temp said:

Its common for such things to be in the deeds of all the houses.

 

 

Yes indeed, if I was @LakesDylan or one of his neighbours I would want the details added as an amendment to the deeds of all parties. The important legal principal is that these rights (easements) are attached to the land. 

[LakesDylan]

On 18/09/2021 at 08:44, Stones said:

 

None of that seems unreasonable. Our neighbours tank and soakaway lies on our land. When we purchased, provision was made covering access and reinstatement should any works be required. 

 

Straightforward for a solicitor to draft for you.

 

Have you agreed to do it all via solicitors and who is picking up costs?

 

You're right non of it seems unreasonable.  I was hoping to minimise solicitors costs, because I am paying for it, but can't avoid paying something.  The existing properties connected to the system have agreements in their deeds, so don't expect to have to pay for changes to theirs. They relate to their own individual access rights with where the existing septic tank is situated.  Just would like to have a better understanding of what's included before approaching a solictor.

 

[LakesDylan]

On 18/09/2021 at 15:34, Temp said:

Its common for such things to be in the deeds of all the houses.

 

Not sure if it's possible but it might be worth adding a dispute resolution process. It's not uncommon for one party to want to replace something while another only wants to repair it again and again. Majority voting? Minority pays for surveyors report? 

 

Thanks for the info about dispute resolution.

 

[LakesDylan]

On 18/09/2021 at 17:47, epsilonGreedy said:

 

Yes indeed, if I was @LakesDylan or one of his neighbours I would want the details added as an amendment to the deeds of all parties. The important legal principal is that these rights (easements) are attached to the land. 

 

The existing neighbours with access to the existing system have individual agreements with the landowner in their deeds.  There is no common document for all properties.  I hope not to update all agreements, just to create my own with the landowner.   On top of that I expect to draft some sort of maintenance agreement, which is not currently documented.

 

[epsilonGreedy]

7 minutes ago, LakesDylan said:

 

The existing neighbours with access to the existing system have individual agreements with the landowner in their deeds.  There is no common document for all properties.  I hope not to update all agreements, just to create my own with the landowner.   On top of that I expect to draft some sort of maintenance agreement, which is not currently documented.

 

 

The existing easements with other neighbours should not preclude a technology upgrade, hopefully their Deeds define the septic tank in general terms and would allow the landowner to swap out the installation with a replacement providing it provides the same service to the other properties.

 

Although easements are not shared across properties they can be written with clauses that cascade down a chain of land splits as say a developer sells of each property and retains the remaining land briefly until the next house sells. Deeds and easements can last for 100's of years hence a highly prescriptive maintenance schedule in the Deeds would be problematic.  You could try to separately bind the named householders into a maintenance contract for a fixed term.

 

There is also the concept of an "easement by contract" which effectually creates the benefit of an easement defined in Deeds by proxy though a contract. This is a niche subject and cannot arise from a contract that defines a shared benefit because an easement is a specific grant from one property to another.

 

I reckon you need pro guidance on this one and in my experience the cost of sorting out a dispute arising from neighbours interpreting infrastructure rights differently will be more expensive than legal clarity from the outset.