Deed of Easement

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Message last updated - Thursday 02^nd January 2025

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Message last updated - Thursday 02^nd January 2025

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We have put together some guidance and information on deeds required before Anglian Water issue a final certificate before taking ownership of your sewerage systems.

Pumping Stations

If there is a pumping station on the system, we will require a freehold transfer of it, with an access easement if appropriate, free from encumbrances.

This is to ensure:

a. We can access the site when necessary;
b. We detail any necessary parking safety and security features;
c. We can dispose of the pumping station if it is ever decommissioned.

Generally the pumping station should be transferred to us, and a right of way should be granted over any access route

Surface Water Drainage

If there is any sort of discharge or outfall on the system, Anglian Water will require a freehold discharge easement.

This easement must be granted to Anglian Water by the owner of the land at the point of discharge. Anglian Water has standard documents which are used for this purpose.

The easement includes a covenant from the grantor or a third party to maintain the balancing facility or the immediate part of the watercourse as appropriate.

This will need to be given by a Local Authority or management company, who will need to enter into the deed.

Additional requirements in relation to watercourses

If the discharge is into a watercourse maintained by a third party, for example an Internal Drainage Board, the Environment Agency, or the Canal and Rivers Trust then their consent will also be required. This consent is given to the developer to allow them to undertake the works and must also be for the benefit of Anglian Water.

This discharge consent does not create the right of discharge, which will still need to be given to Anglian Water by way of an easement from the landowner (which may be the same agency). The only exception to this is if the discharge is into a canal maintained by the Canal and Rivers Trust, Anglian Water will add the discharge point into its existing easement with the trust at the time of vesting the network. The Developer will be responsible for the costs of this but no additional easement will be required.

There is no general right to discharge so an easement is required in all cases.
All the above requirements fit within the developers covenants given in any Section 104 agreement (see Section S20 of “Sewers for Adoption”).

We apply exactly the same principles when considering a request to adopt under Section 102 or a requisition under Section 98.

Please note that all plans to the deeds must meet Anglian Water and HM Land Registry requirements.

No final certificate will be given until the easement and/or transfer is registered with HM Land Registry.

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