Common pipelines; easements, ownership and liability #1

One recurring topic of 2010 is the Ownership and liability of common water, sewer and gas pipes.
When we send out an emergency response team to a ruptured gas or water pipeline or an overflowing sewer, the first thing our team thinks about is rescuing the property under threat. Often, it is after the emergency that ownership and liability of the problem are hotly debated.

This series of 3 blog posts is aimed at clarifying some of that debate.

Our friends at the Law Reform Commission have helped to clarify this interesting subject and in part it reads:

In most cases, persons using utility services that pass through several properties benefit by the existence of an easement of access over that service, entitling the user to enter the property on which the service is located in order to attend to the service. However, in the absence of such an easement, the user of the service is not allowed to interfere with the service, even where that interference is for the purpose of maintenance, repair, or relocation of the service.

One explanation of why there may not be an easement is that the properties through which the service runs were once commonly owned. When the common ownership ceased, new owners may have failed to ensure that easements over water pipes or sewer lines existed for the particular part of the property they were purchasing. The problem may have arisen due to an assumption that such a right was simply transferred with the purchased property, or by an omission on the part of the conveyancer. Whatever the reason, the failure to create and register an easement has given rise to a number of lasting problems. These difficulties have been compounded by the general reluctance of the Water Board to impose on new purchasers a requirement to install costly separate connections. Many properties today do not have a viable means of creating a separate connection at reasonable cost.