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UK-Justice
UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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our property (8 flats in one House, we formed a residents

Customer Question

our property (8 flats in one House, we formed a residents ltd co. when we bought our freehold which includes land which is common to 15 houses that were built around us. One of the residents has recently bought a parcel of land that had remained with the builders who went bankrupt and so land went back to crown. He has told us we no longer have rights over this unless we pay towards it - we did not wish to but there are electricty meters housed on it which we are told belong to our company - although they are only serving the common areas. He has onced cut it off but the police said he could not do this but he has now given us notice to allow our electrical system to be supplied from their shed to We must 1. pay £2000 to a allow an easement across their land contribute to legal fees2, pay£400 to the legal costs 3. pay an electrical contractor to install a consumer unit to feed our systems and meter4. provide his residents with a suitable insurance policy in the event of any loss occurring from damage caused by our electrical system, Can he do this? Do he meters belong to the electricty servers?
Submitted: 4 years ago.
Category: Property Law
Expert:  UK-Justice replied 4 years ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Have there been any previous rights granted in writing?

Customer: replied 4 years ago.

i have a copy of one of their deeds and as I understand it we had rights of way access from the road and to take water electricity. quote - Rights exceptions and reservations - the right for the transferer the owner or owners for the time being of the remainder of the estate and of the owners for the time being of the flats in the property known as Brooklands (us)shown edged blue on the plan annexed hereto and of any part or parts thereto intended to be benefited and all other persons having the like right or similar rights. A]The right to pass and repass on foot only over the amenity areas hatched green (the land in question) C)the right of way in common with the transferors the owner and occupiers of the plots on the transferors estate and other persons having the right over New Salts Farm Road part of which is shown on the plan


D)to take water electricity and other services through pipes etc respectively now laid or to be laid within a period of 80 years from date hereof under any land included in the estate ............

Customer: replied 4 years ago.

i have a copy of one of their deeds and as I understand it we had rights of way access from the road and to take water electricity. quote - Rights exceptions and reservations - the right for the transferer the owner or owners for the time being of the remainder of the estate and of the owners for the time being of the flats in the property known as Brooklands (us)shown edged blue on the plan annexed hereto and of any part or parts thereto intended to be benefited and all other persons having the like right or similar rights. A]The right to pass and repass on foot only over the amenity areas hatched green (the land in question) C)the right of way in common with the transferors the owner and occupiers of the plots on the transferors estate and other persons having the right over New Salts Farm Road part of which is shown on the plan


D)to take water electricity and other services through pipes etc respectively now laid or to be laid within a period of 80 years from date hereof under any land included in the estate ............our lease talks about electricty etc rights from and to the parts of the building erected or within 80 years hereafter to be erected on the lessors adjoining land. I Am not always sure whose the rights are!

Expert:  UK-Justice replied 4 years ago.

You have a right for 80 years.

Therefore the new person can not do anything.


If he tries you can seek an injunction to stop him. If he breaches the injunction then he can be sent to prison for contempt of Court.

For this you would need a Solicitor to draft proceedings and present your argument in Court.

But you have access for 80 years so this can NOT be now taken.



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