Can our neighbour preserve an easement over a portion of our garden for a decommissioned oil tank 'just in case' he or a future buyer of his property wants to reinstate oil heating one day?
Can our neighbour preserve an easement over a portion of our garden for a decommissioned oil tank 'just in case' he or a future buyer of his property wants to reinstate oil heating one day?
Our transfer deed includes an easement giving our neighbour the right to maintain an oil storage tank on our front garden (next to our own oil tank), and to access it to inspect, fill, maintain and replace it like for like. The neighbour has since switched permanently to an air source heat pump, disconnected and emptied the tank, and had the pipes cut. The tank is non-compliant with current regulations and could not legally be brought back into use without full replacement. He initially booked its removal, then cancelled it.
He is now claiming the easement gives him a permanent right to:
- Keep the empty, rusting tank on our land indefinitely
- Reserve that space in case he or a future buyer ever wants to reinstate oil heating
He accepts the land is ours but says the easement survives permanently regardless of whether the tank is operational. Worth mentioning that his own front garden is a mirror image of ours and has plenty of space to install a new tank if anyone ever genuinely wanted to.
Our position is that the easement is tied specifically to maintaining and operating an oil tank. Once permanently decommissioned it has nothing left to serve and cannot be preserved speculatively.
Are we correct? Can an easement really survive like this just in case a hypothetical future buyer might one day want to use it? Any help gratefully received!
Located in England