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Absence of easement - insurance?
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Help.Urgent. House sale about to fall through. We have no formal easement for our water pipe running through a neighbouring farmer's field and our buyer's solicitor says that both she and the buyers mortgage company will not accept a 'lack of easement indemnity policy' even though the pipe has been in place for 4 years. Our solicitor cannot seem to convince them. Can anybody suggest any case law or other proof that might appease them?
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For more on marking an answer as the "Best Answer", please visit our FAQ.There is nothing. If your purchaser will not proceed with an uncertain water supply the choices are (1) negotiate with the owner of the field for a grant of an easement (2) plead to a court for a statement that the four years is sufficient for a prescriptive easement to exist, or (3) re-route your water supply in a way that is certain.