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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10344
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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i would like to bring another gas supply through my neighbours

Resolved Question:

i would like to bring another gas supply through my neighbours garden - about 10 metres trench in soil. I currently have water and gas under their garden. I have asked them and they have said "no". The gas company told me I have no right, but the alternative is to go via another route which is 50 meters length and digging public roads. Is there any chance a judge would grant me access if i asked for a couurt action on it?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Unless you have a right to install a new gas pipe/supply through your neighbour's property, I'm afraid that you would get nowhere if you were to pursue any Court action.
You do mention that you already have your gas supply running through your neighbour's property, so I am guessing that you must have some sort of right (legally called "an easement") to do so. DO you have the wording for this easement?
Why is it that you need another supply of gas?
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.
The gas was installed by the utility co 14 years ago. The pipe is theirs up to the house.
We are converting a barn and need additional gas for that.
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks for your reply.
You need to check your Deeds to see if there is an appropriate easement allowing you to lay a new gas pipe over the neighbour's land. It is doubtful that such an easement is in existence if your property is a barn conversion, unless the same person used to own the barn and your neighbour's property, and when selling off the "neighbour's property", the owner reserved an appropriate easement.
Without such an easement, your neighbour is entitled to refuse consent for you to lay the pipe, and issuing Court proceedings to obtain consent would be futile. The only option available to you if there is no easement is to offer a lump sum to your neighbour, in return for them granting you an easement.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards
AL
Customer: replied 2 years ago.
Ok. Brilliant. Confirms what I thought. Thanks
Expert:  Aston Lawyer replied 2 years ago.
Thanks.
If you are happy with my Answers, I would be grateful if you could leave positive feedback.
All the Best
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10344
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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