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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Easement power line to be running underground

Resolved Question:

Easement for neighbours power line to be running underground through my property
I was recently informed by my neighbour following mediation for boundary dispute that the neighbours electric supply was running through my grounds to the front (I had a digger on site for landscaping work).
I am obviously not very pleased to find this out as I had to abandon landscaping and fencing work.
In my absence the neighbour ordered electric cable or power supply to be changed from underground to overground by delivering a letter through my letter box saying hope I didn't mind if electricity firm approached their power cable through pole which is on my grounds.(whilst I was away). There was a power cut most likely following electric works on neighbours house and my air source heat pump and heating has stopped working leaving me without hot water. I do not wish to have neighbour to be able to do any of this in my absence without my written permission. What action can I take to ask him to remove his electric cable (underground) and ensure his telephone wires don't run over my trees where I am planning to construct an outbuilding. We are not on talking terms due to boundary dispute and they have been an absolute nuisance , until recently I had an anti harassment order against them
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
Before answering this I need to know the nature of the easement. How is this described in the title register or in your solicitor's advice to you at time of purchase?
Customer: replied 2 years ago.

There is no easement described in the deeds, they don't have an easement granted by me .

During a recent mediation meeting regarding a boundary dispute their solicitor told the mediator that there electricity line was running through my front garden(gardens are large in a semirural location) and wondered if as part of settlement we would consider granting easement to them. They claimed that the previous owner verbally allowed them to have their electricity line run through the front garden! I was very surprised to hear this.

Their deed documents state they have no right to light or air over our property and that they should do nothing which could be of nuisance to us. Theirs is last property on a private road which has 3 houses and the last electricity pole is in my front gardens.. No written easement has been granted. I did not live at this property for past 2 years as it was undergoing refurbishment and I rarely visited the site, my impression is that at some stage in past 2 years they have allowed for the electricity line to be dug through my gardens instead of having an overhead line or an underground line running outside my boundary.

Expert:  LondonlawyerJ replied 2 years ago.
I am sorry but I am a little confused by your question. Is the neighbour's electricity supply now overground? How long have you had the property for?
Customer: replied 2 years ago.

Neighbours electricity supply is underground through the middle of my front garden causing problems with me erecting a fence at the periphery or an outbuilding to the front.

They do not have an easement.

They have indicated that they want to have it overground (and hopefully outside my property). I have had the property for 2 years, moved in 8 months ago

Expert:  LondonlawyerJ replied 2 years ago.
I don't think you need an order of any sort. You can simply tell him that he has no right to have the electricity supply running through your garden, give him a reasonable time to institute a new system outside your property and if he hasn't complied get an appropriate expert in to disable his supply.
I take it that your earlier contractors would not go near the cables for safety reasons.
Customer: replied 2 years ago.

Yes that is correct they couldn't dig and complete the fencing leaving my property exposed with large gaps in fencing.

I will give them 2 weeks notice Thank you

excellent

Expert:  LondonlawyerJ replied 2 years ago.
Good, let me know if I can help further.
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