Water Mains Easement

[mike2016]

My solicitor put two Easements into the title deeds of the property I'm selling. I'm keeping the side garden site next door and the property sites will be split. One Easement was for the broadband and the other for the water supply/mains. 

The broadband is setup already when I laid the new driveway, I've a shore and it allows the broadband providers to route the cable to the appropriate house. 

The Water Main is another issue though. It terminates with a fire hydrant, next to that is the stop cock for the current house and then the pipe runs right on the boundary border away from the new build site. 

I had a chat with the Engineer about how they connect and would route the pipe, it would head out onto the road and loop back to the new house. 

The buyer has no issue with the broadband Easement but has rejected the Water Easement. They've asked for a map from Irish Water to get more detail. The buyers solicitor claims the bank also would have issue with this. 

I was very clear about the fact I was building a house next door but we've arrived where we've arrived. Are there any views here about what I can do to protect my access to water but not end up with this being a blocker again next time around 3 months down the line? This is the only holdup so we're 95% there. Irish Water would be doing the digging and reinstatement afterwards so 1-2 days of disruption and that's it. I don't believe they would consider doing this work until the house is substantially built though, they won't run a connect to an empty site while I own both sites but I've asked. 

Any other ideas / alternatives to an Easement that would work here? I don't want any future faults / repairs to be prohibited by the future owner of the existing house. Thanks! 

[Temp]

I dont see why they wouldn't install a supply to your plot. You're going to need a temporary supply anyway. 

[mike2016]

That's actually made me realize an incorrect assumption on my part. There is an option for a temporary connection, I just assumed there wasn't as per Electricity (ROI). I'll need to check if they can use the same connection point for the final full supply to the new house or not:

"A temporary connection is removed when no longer required, and should not be used to supply water to permanent premises."

Worth a call but would alleviate the issue if I could get this installed in advance. 

Many Thanks!

[Dave Jones]

get the new supply installed now before you exchange.  Can you not route it up the drive to the new build, even if its shared ?

 

Totally a standard practice in England having easements for sewers, water, gas, electric, telephone etc. 

 

[mike2016]

I wrongly assumed just telling all potential buyers that I was building next door that any Easements would be expected and granted without question. If I end up going back to selling all over again I'll flag this via the Estate Agent up front so there are no excuses or surprises next time!!! 

Will apply for temporary connection that I can hopefully convert to a final connection once the house is built. 

Cheers!

 

[Kelvin]

Some folk are funny about water and easements in general. I’d do everything to try and get the connection made beforehand. Ultimately though you’re going to need a purchaser that will agree to the easement. Not sure why the bank of the buyer would have an issue. I can see your bank (if borrowing) possibly having an issue. 

Edited April 20, 2023 by Kelvin

[saveasteading]

Many people see easements as a chance for big money.

A friend found that the cost halved when he mentioned going off grid with water from rain and electricity from the very noisy generator he would need.

[Kelvin]

Yep. My neighbour signed the easement for our leccy which just cost me a bunch of flowers. She then died a few weeks later!