Hello, I am a solicitor with over 15 years experience. I will try to help you with this.
Are you confident that the external wall that the pipes are attached to belong to you. The wires serve the restaurant and whoever put them in this will amount to a trespass. Are you worried about the safety of the wiring or that it might be illegal abstraction.
Customer: Thank you for your note.
Customer: We are sure of our position regarding the ownership of the wall and the trespass. The following is quoted from a letter written by the tenant of the bar to their solicitor after requesting, for financial reasons, that we defer the removal of the pipes and cable.
Customer: Letter heading: Erroneous fixing of pipes and cables to the wall of Solent Prospect 11a Gosport Street, Lymington.
Customer: "Thank you for agreeing to defer the re-routing of the above pipes and cables.
Customer: We hereby acknowledge the necessity to a remove these fixtures from your wall and will undertake this work before we finally vacate the premises of*****or, in any event, before the termination of our present lease at the end of February 2028.
Customer: This letter is copied to our solicitor, Philip Salt, to instruct him to formalise this agreement as a legal undertaking."
Customer: The above letter is dated 18 April 2014. After interminable delays we eventually felt it necessary to insist on the work being done and on 22 August 2014 we wrote saying that if the work was not completed by Friday 3 October we would commence legal action. At this stage and for the first time the tenant refused responsibility for the fixing of the electric cable. (No mention was made of the pipes and we know from conversation with him that he had these fitted). We accept that it could have been the previous tenants who fixed a new electricity cable and we contacted SSE. They advised that they could find no record of work having been undertaken at the address and further advised us that if the work had been done without their knowledge and approval it would have been an illegal act. We have no reason to believe the installation is unsafe nor do we believe their is any attempt to abstract electricity illegally
Customer: We fear that the situation might blight the property and feel we should regularise the position. If the tenant does not re-route the pipes by 3 October we will wish to take action against him and we will seek to have all costs awarded against him.
Customer: On reflection we believe that if the cable was fitted illegally it was probably in an effort to minimise cost rather than for any other, more worrying, reason.
There is a lot there. I have been in court all day and now need to go and pick up my children. I will answer later this evening.
Customer: We have found that we are unable to edit our previous wording so must ask you to excuse mistakes. Most particularly, the letter quoted was addressed to us and copied to the tenant's solicitor. This is a pretty uncomfortable site on which to communicate . If you would prefer - as we would, our email address is : *****@******.***.
Customer: Don't worry about having to sort out your life we are very happy to go at the speed you can manage.
Customer: Peter and Jennifer Cutmore