Strands #290 “You Say You Want A...
Quizzes & Puzzles7 mins ago
putting ammenities through neighbours land
8 Answers
can my neighbour stop me putting gas/elec drainage etc
under our shared access lane which he owns but is partly adopted and i have legal row over. it states in mine and his deeds that i can put ammenities through lane to serve my land does this apply for a new build as well.
thanks.
under our shared access lane which he owns but is partly adopted and i have legal row over. it states in mine and his deeds that i can put ammenities through lane to serve my land does this apply for a new build as well.
thanks.
Answers
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I suspect you are going to have to seek proper legal advice because the stakes are high.
I imagine that you are seeking to split your plot of land and supply the new plot with services sourced from the lane. In theory you can do this because the easement (right to free passage of services etc.) you have applies to all of your plot - so if you split it you should be able to transfer this right to the secondary plot. But it depends on the wording of the easement.
Do you have a restriction that demands you contribute to the maintenance of the lane, as an offset to the right of access you have?
I don't know what you mean by 'partly adopted'. Adopted means the local authority takes responsibility for its maintenance as a public carriageway. Do you mean only part of its length is adopted?
I imagine that you are seeking to split your plot of land and supply the new plot with services sourced from the lane. In theory you can do this because the easement (right to free passage of services etc.) you have applies to all of your plot - so if you split it you should be able to transfer this right to the secondary plot. But it depends on the wording of the easement.
Do you have a restriction that demands you contribute to the maintenance of the lane, as an offset to the right of access you have?
I don't know what you mean by 'partly adopted'. Adopted means the local authority takes responsibility for its maintenance as a public carriageway. Do you mean only part of its length is adopted?
only part of the leghth is adopted to end of tarmac which i put down over 30 years ago long before neighbour purchased lane and before it was adopted theres about a 20 ft section at my entrance which is just a dirt track and not adopted. there are no restrictions stating i have to contribute to the cost of maintenance. but i would obviously reinstate the tarmac afterwards. i can foresee my neighbour being very awkward about it.
Unless you want to specific words to which your easement entitles you over this section of the track that your neighbour owns, I don't think I (or anyone else) can help you further.
If it ends up that you have no legal right, you can of course negotiate for one. But if I am right in my assumption about you splitting your land and trying to take a planning gain on the land, your neighbour has a perfect right to do this. He wants a slice of the gain. I'd do the same - wouldn't you?
If you have no other way, you might have to pay perhaps one third of the planning gain for this. You're still going to be net in pocket.
If it ends up that you have no legal right, you can of course negotiate for one. But if I am right in my assumption about you splitting your land and trying to take a planning gain on the land, your neighbour has a perfect right to do this. He wants a slice of the gain. I'd do the same - wouldn't you?
If you have no other way, you might have to pay perhaps one third of the planning gain for this. You're still going to be net in pocket.
i think because i have legal and historical right to put my ammenities up this road i shouldnt be expected to pay a new landowner a large sum of money just because they are being difficult i would consider a nominal sum but i will stick my guns because i have it in black and white. i only want to build a house for myself i am not interested in making money from it.
No, what you may have in black and white (an easement) is an entitlement to put the single set of amenities down the lane. What you may find you do not have a right to do is put another set down the lane if you are dividing the plot. That's why if you want further help for free you will have to put the specific words from the easement into text here (what I suggested above - but I missed a word out). Otherwise its down to your friendly solicitors.
At the end of the day, if you don't have the legal right, you can offer him a nominal sum. But he can equally refuse. It's a variant of a 'ransom' strip, and there's nothing you can do about it. You will have Planning Permission but with no right to attach utilities so the new plot is effectively worthless.
Checking and negotiating the necessary access is the first rule of property development.
At the end of the day, if you don't have the legal right, you can offer him a nominal sum. But he can equally refuse. It's a variant of a 'ransom' strip, and there's nothing you can do about it. You will have Planning Permission but with no right to attach utilities so the new plot is effectively worthless.
Checking and negotiating the necessary access is the first rule of property development.
i have a copy of neighbours title plan which reads: MATTERS EXCEPTED AND RESERVED
the free and uninterupted passage of water surface, water drainage, soil, gas, electricity and other services from the nearby land in and through the sewers drains wires cables pipes channels and watercourses made or to be made within 99 years from the date hereof in or under the property and the right to make and maintain connections such as sewers drains wires pipes channels and watercourses or any of them for the purpose of exercising the said rights SUBJECT to the vendor her lessees and assigns and others doing as little damage as possible in the exercise of such rights and making good any damage caused to the property.
does this confirm my legal right to put utilities to my property as my utility contractors are about to start work on the lane shortly.
the free and uninterupted passage of water surface, water drainage, soil, gas, electricity and other services from the nearby land in and through the sewers drains wires cables pipes channels and watercourses made or to be made within 99 years from the date hereof in or under the property and the right to make and maintain connections such as sewers drains wires pipes channels and watercourses or any of them for the purpose of exercising the said rights SUBJECT to the vendor her lessees and assigns and others doing as little damage as possible in the exercise of such rights and making good any damage caused to the property.
does this confirm my legal right to put utilities to my property as my utility contractors are about to start work on the lane shortly.
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