I am a lawyer by profession. This is the answer.
with land law, everything comes down to the deeds/ registered title. You need to get someone to check that for you.
I assume there is no pre-existing easement allowing the neighbour to lay pipes etc.
If anyone wants to access your land and connect to your sewer, they will need your agreement which you can refuse.
My guess is that it will save them money to tap into your sewer.
so this is all about money. How much will they save by going through your land, versus how much they have to pay you for an easement.
to my mind this should be a five figure sum, as any easement will need to “run with the land” and will grant long term rights.
so first things first. Ask how much they are prepared to pay for the privilege. unless It is a five figure sum, I might be inclined to say no.
in any event there will need to be an easement registered at the land registry and legal drafting.
if the developer is seriouS, then I would ask them to pay you £750 up front, non returnable on account of your legal fees. Then go see a decent property solicitor who will advise from there.
DON’T FORGET TAX. In effect you will be selling an interest in your land, which will attract capital gains tax. Take that into account in agreeing the deal.
all the best.
steve
I have commented elsewhere Steve on an incorrect statement you made...your last. That aside The land's value is being reduced perhaps significantly in currency value and sale-ability. You have said nothing of trespass. He should block access and make complaint to police...sticking to trespass i.e. to tort and not civil matters which include your right to peaceful occupancy.
I add from experience with builders that they will commonly disobey laws and regulations finding it cheaper to pay fines that say Council requisitions (e.g. payment for parking rights against normal restrictions). In your case they are banking on you being a mug/overawed/ presuming they have some right owing to their hard hat boots and reflective clothing to enter your land but 'even more-so.'..to dig it up and use it in a way detrimental to you whether you know it or the extent of it. . '
No way Jose!!'
Your fear and anxiety and worry will continue long after these bully boys have packed up and gone Do not take Steve's advice about the $750.00...no one will pay you to act against them unless they get an advantage...and you would be giving that to them by accepting money. NO..stay at arms length and use the legal process readily available. Do however give notice in writing of the trespass and demand the people do not enter your land for
any purpose. Any negotiating can be held in a place where...and here I agree with Steve where either pro-bono ..perhaps from a community aid organisation, or a local solicitor perhaps who is prepared to work within your finances...at the conference.
Be clear what you want and what you do not want. Know your title and any initial subdivision restrictions or permissions on your title. Don't give in to bullies....ignore this pseudo socialist claptrap which seems to be emerging and stand up for your land...i.e. for yourself. Don't spend any more than absolutely necessary and tell any solicitor not to respond to anything but critical issues...one way of suppressing dissent is to try to rack up legal bills...theirs are tax deductions...yours are not however a decision by court may find them refilling your pocket and the solicitors if your case and presentation is good and you know exactly what you want and the magistrate /judge/ tribunal can work on that.
Stop talking about it and start with a notice for them to not enter your land for any purpose. Don't say 'unless with my express permission' as that sounds as though you are blustering. Block the access...but leave a walkway... there is a general right to access your front door and you then also have a right to tell the caller to leave your land directly and immediately.
Keep a diary of all matters and a copy of your notice or any correspondences...though there should be none once you have demanded a stop to trespass. ...and where possible photographs and recording for later reference...however a diary done at the time can significantly impress an arbitrator because courts take a view that memory is reconstruction of events flavored by emotions and self interest.
You can write how you feel, in a diary but have the 'why' right there to,.Be fair, accurate and as far as possible provable. Do not commence in any 'money matters' that will weaken your case. Do realise also that technical law is not always what convinces a judge (say) but the way people behave when giving evidence. You will commonly find in Appeals that the judges say "I do not have the ability of the primary judge to gauge the behaviour of witnesses'...or words to that effect.
The initial matter is simple..you do not want them or their pipes on your land and no negotiations were ever entered into for access. They are trespassers Use firstly the available power..police and council... but
act.
. Most of the members he keeps referring to have worked hard all their lives and managed to pay off their 25 or 30 year mortgages, maybe one day he will too or perhaps he doesn't need one as trolls live in holes in the ground.
