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Utility connection access over neighbours driveway


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We have a right of access over a neighbour owned driveway for our new build. It actually says that we have the right to pass and repass with or without vehicles over and along the driveway. 

 

The connections for the water and electricity will need to pass over the bottom of their driveway.


The neighbour has objected to our build and will try and do anything to stop it. 


The question is despite the existing clause do we need their permission to dig up the driveway to connect the utilities?

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Short answer is yes You will need there permission to dig up there drive 

You may also find that while you have reasonable access This may not extend to lorry's and cranes 

Is there no other way to bypass there property 

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The connection from the end of our land to the adopted cul-de-sac is no more than 5 metres - can I connect by boring underneath the driveway and connecting without digging the neighbour owned driveway up or do I still require permission to go under?

 

The deed does say that we are able to pass and repass at all times and for all purposes which I believe will negate the problem with the access for build vehicles. 

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I am going through this at the moment and it is fun isn't it?! I have to get three neighbours to agree. In my case the water company is happy to do the work without wayleaves but will stop if anyone objects, the gas company have asked me to get the neighbours to sign the wayleaves and won't discuss connection until the wayleaves are signed and the electric company has booked the work in and has approached the neighbours directly. None have refused to sign yet, but none have signed and am treading a careful line to get them to sign. Like you, I have a right but enforcing that right is a different matter.

 

If you have the right and they deny it (by not signing), I guess it is sadly a case to get a lawyer involved. It must be a relatively common occurrence so there must be a standard approach to get it resolved. Will be interesting to see if anyone on the forum has had experience of how to enforce this right.

 

 

 

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I very much doubt that right of access, will allow you to dig up your neighbours drive. My thoughts is that you may have to, if you can get agreement, lodge a sum of money, in order that your neighbours drive, can be put back to their satisfaction. Check with a planning lawyer, but your current access rights will not, in my opinion, give you digging rights.

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You definitely need their agreement and a deed of grant of an easement. I have done this before. Expect to pay but they do not have to agree. If they do not, you are stuffed, sorry.

I know they do not have to because I have prevented neighbours running services through my drive even though they had a right of access on foot or by vehicle. The rights did not extend to services on, under or over it. 

 

BT does count, the telecoms act lets them do anything they want.

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Thanks for all the responses.

 

I have another option which is through a neighbours garden for a about a meter or two before turning through 90 degrees across an adopted pavement and onto the road. I get on well with this neighbour and we go to the local regularly with other pals. We sold him some land a few years ago to facilitate an extension to his house. Some money his way may hopefully allow us a way to connect.  

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I think not; I think it covers maintenance to existing, not installation of new.  As others have said, it's long established that a right of way for passing and re-passing doesn't give you any additional rights. (Harrison v. Duke of Rutland, 1893)

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1 hour ago, Happy Valley said:

Thanks for all the responses.

 

I have another option which is through a neighbours garden for a about a meter or two before turning through 90 degrees across an adopted pavement and onto the road. I get on well with this neighbour and we go to the local regularly with other pals. We sold him some land a few years ago to facilitate an extension to his house. Some money his way may hopefully allow us a way to connect.  

If there is a viable way with a friendly neighbour then go with it. 

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Is there a minimum depth to which a water pipe should be connected?

 

The boundary which I am looking at with the neighbour has a row of low poplar bushes the trunks of which are about 50 cm back from the edge of the boundary. Will the utility companies wish to see this trench open before filling?

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An update on this for both water and electricity.

 

We have been informed by Electricity North West that the power can come from our existing land so no issues there.

 

The water supply is a problem but someone this morning mentioned a bore hole for water supply thus negating the need to connect to the mains.

 

Will probably put things on hold until such time as a survey is carried out.

 

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