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Any Scottish Solicitors in tonight?
needing some advice on right of servitude to allow me to cross some land to connect drainage and connect into private water supply
Is the private water supply and drainage what you own? And you are just seeking permission to traverse someone elses land to connect?
Or the drainage and private water supply is on someone elses land?
So basically I wish to connect into private water supply and local authority foul drainage system.
the land owner wants to charge me a fairly large sum to cross the land to connect pipework.
to complicate things I have deed of servitude on same piece of land to run a soak away drain on but not the water and drainage. I should add it’s just along the side of hedge next to a field.
the land owner wants to charge me a fairly large sum to cross the land to connect pipework.
Just to walk across the land to do a job on the other side with existing infrastucture?
Or laying pipes across(under) the (their) land?
It's a bit confusing (to me at least) what it is you are wanting to do.
I wish to dig a track on agricultural land to lay water and drainage pipe to connect into system.
If its a private water supply, and its not your own private water supply (PWS), then the owner of the PWS is within his rights to ask for payment - either one off or recurring. Your taking water from them, and the PWS will have had sunk cost and likely ongoing maintenance costs (as a minimum filtration etc)
As to the layong of pipes, if you dont have servitude to lay pipes, then the landowner as youve seen is demanding payment for this additional servitude over and above the soakaway. Not many ways around it. Unless you can take a 'longer' route to access the local authority drainage? Ive never connected to local authority drainage - do the charge connection (then add to council tax)?
You say its next to a hedge? Is the hedge next to the road? Aka its a boundary and you can utilise a the verge and liaise with the council?
But sounds like your going to have to pay up to the landowner. Unless you sink your own PWS (borehole) and use the soakaway or install (another) septic tank.