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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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My house is linked to my paddock by a track. I am the only

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My house is linked to my paddock by a track. I am the only person who uses this access. Although the track is owned by someone else I do have right of way for all purposes over and along this strip of land which is about 14 fourteen feet wide and 100 yards long. I want to lay an electric cable under this strip of land and connect it from house to the paddock. Do I need permission from the owner of the track to do this? My property is in England. Many thanks
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the cable essential to service your house? Does it currently have electricity?
Customer: replied 10 months ago.
It is essential to service 3 log cabins which have been erected, with council permission, in the paddock . The paddock is used as a dog day care centre. Incidentally there are two titles relating to the track in question. The title relating to the house provides a right of way for all purposes over and along this strip of land and was registered in 1992. The title relating to the paddock provides a right to pass and repass with or without horses, carts or other vehicles over and along this track and was registered in 1956.
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. Potentially you way need a way leave agreement in order to lay the cabling to the paddock if the paddock does not have an existing easement for all purposes. Do you know who the owner of the track is? Can the cabling not run up to the house and then on to the paddock, or is that not practical? Kind regards AJ
Customer: replied 10 months ago.
The track runs, from the main road, along the side of the house and up to the paddock. The track links the house to the paddock. The cable will run from the house (an annexe) underneath the track to the paddock. The owner is consulting her lawyer but is concerned she might lose her rights of ownership and may want a contract to protect herself. I've been advised this will not be the case.
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. It wont be the case that the owner will lose her ownership, she wont be able to lose ownership as your use of the land will be consented to and your right of use is only an easement - to that extent it is correct that by laying the cable she wont lose ownership of the property. As you have asked for consent, you now almost have to formalise the arrangement in some shape or form - especially if you wanted to sell the property at a later date - any buyer will want to see evidence that you correctly obtained permission to allow the cabling and services to be laid. Has she suggested a wayleave agreement?
Customer: replied 10 months ago.
Not yet. Her focus is on ownership. She sent this email to my son yesterday evening:
Good Evening Alex
As mentioned in our telephone conversation, our solicitors will be in contact with me tomorrow re your request to install an electrical supply to your paddock under our driveway. Due to circumstances beyond our control, we have not been able to address this issue. Until such time as we have got legal advice/guidance we cannot give permission for such works to be carried out. As previously stated, as long as this does not change our legal ownership or in anyway affect our fights to sell, we hope to be able to give permission in the imminent future with our fathers agreement
Expert:  Alex J. replied 10 months ago.
Thank you. The only way she could lose ownership would be through adverse possession, adverse possession requires there to be no consent or approval. If she grants you the right of way underneath the path, there will be no adverse possession that can accrue. There are two issues here: (i) You may be able to legally force her to give you permission on the basis that these are essential services to the property (ii) However before you get to this stage, you have asked for consent so there is no way you can proceed until she has been given an opportunity to confirm or refuse consent. As the paddock does not currently have an easement for utilities I suspect any advice will say that she has to enter into a wayleave agreement with you. You can move this along by asking to contact her solicitors, and presenting her with your plans and timetable to complete the work.
Customer: replied 10 months ago.
My son asked for permission a month ago but because the owner's father has been ill unfortunately she has been unable to address this request. On the basis that it will not affect her ownership rights can we lay the cable and implement a retrospective way leave agreement? My son wants to lay the cable today. many thanks
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. I would not do this, as effectively you are making yourself a hostage to the land owners reasonableness. If you do it by subverting their consent, and then asking for a wayleave agreement they could be totally unreasonable and charge you an extortionate fee. Also you do not currently have an easement across this path, and you do not want to do anything that potentially stops you from agreeing an easement, and easement is a permanent right where as a way leave agreement may have to be renewed. The best thing would be to ask whether she can agree to allow you to run the cabling on a temporary basis until a formal agreement can be reached.
Customer: replied 10 months ago.
Just to test my understanding. There is an easement (the right to pass and repass with or without vehicles etc) but because it is not for all purposes it doesn't cover the laying of utilities. Can I confirm I should ask for an easement instead of a way leave agreement and in the meantime ask whether she can agree (verbally) to allow me to run the cabling on a temporary basis until a formal agreement can be reached?
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. As a permanent solution, yes you want an easement over the land for the utilities. The wayleave agreement can be used to solve this on a temporary basis. The easement you have described does not include utilities under the land - do you have the exact wording from the title plan?
Customer: replied 10 months ago.
2 'The land has the benefit of the following rights granted by a conveyance of the land in this title and other land dated 5th February 1956 made between .....
"Together With the right to pass and repass with or without horses carts or other vehicles over and along the piece of land coloured yellow on the said plan in common with the Vendors and all persons entitled to use the same."
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. In my opinion that is not sufficient to grant an easement for utilities under the land. If the paddock was never intended to have a building on it, then the cabling would require a new form of easement to service that cabin. On another note I do not have all the title documents in front of me so I am not sure why the solicitors advised you that you could run the cabling without permission, did your solicitor explain why they came to their opinion. If the advice they have given you is something you can rely on under their retainer, then you could take the view that you rely on their advice, and if it is incorrect you could always hold the solicitors responsible for the loss and damage you might suffer.
Customer: replied 10 months ago.
Thank you. Should I then just ask the owner's solicitor to create an easement for utilities under the land and, in the meantime, ask them to draw up a temporary way leave agreement? many thanks
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. I would ask the landowner to confirm if you can contact their solicitor directly. I would ask for a wayleave agreement as temporary solution, with a view to agreeing an easement at some point once the owner is able to address this issue. Do you intend to ever sell the land?
Customer: replied 10 months ago.
Apologies but I somehow managed to lose this page. I may sell the land in the future. Does this make a difference? Incidentally how much should I expect to pay for an easement. Many thanks
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. If you sell the paddock in the future, then you will want proof it has the right to be connected to utilities, so it is important to get this aspect of it correct. If you stay on good terms with the landowner, she may be agreeable to giving it to you for nothing, especially if it does not prejudice her rights - you may have to pay her professional fees. If she is not currently objecting to the cabling, why dont you just ask her for an easement?
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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Customer: replied 10 months ago.
Alex, coincidentally my son is also called Alex. I will ask her for an easement. You have answered my question in full. I think your help in this matter has been great and it is really appreciated - 5 stars :-). All the very best. Martin
Expert:  Alex J. replied 10 months ago.
Thank you very much. I am sure with an Alex on your side you are in capable hands:) If I can assist any further please do not hesitate to contact me. Kind regards

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