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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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To get a new gas supply to my property, I will need access

Resolved Question:

To get a new gas supply to my property, I will need access for a gas pipe across my neighbour's land. I have right of way but I'm not sure if his includes right to underground pipes etc. How do I arrange an easement and does it cost a lot?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Firstly, you must check your Deeds to see if you have the right to lay new services. You may or may not have rights to use any existing services that run over your neighbour's land, but probably very unlikely to have a right to lay new services/pipes.
Still, always best to check, because if you don't have the right within your Deeds, your neighbour could, unfortunately, charge you whatever he wishes, to grant such an easement.

Provided he doesn't hold you to ransom, a reasonable sum would be anything from £2,000 to £10,000 depending on the inconvenience to him and how he feels about it. (Some people do not like the idea of a gas pipe running over their land, for example).

As and when a figure has been agreed, and I say, this is very much down to the bargaining powers of you and him, you both would need to appoint separate Solicitors and your Solicitor would draw up a Deed of Easement, which your neighbours Solicitor would have to approve. Once approved, it is signed by you both and then registered at the land Registry.
Please note that if either of you have a Mortgage over the property, the Mortgage Lender would also need to consent or in some cases, sign the document also. The Lender would normally charge an admin fee of approx. £50 and each Solicitor is likely to charge approx. £750 plus VAT, and the Land Registry fee will be £40. I'm afraid you will normally have to agree to pay your neighbours Solicitors costs to enable the deal to be done.

I'm sorry this probably isn't the answer you were hoping for, but I hope I have been able to assist you.

Kind Regards
AL

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Customer: replied 3 years ago.
Thank you for your response. You have provided me with the information that I needed which, although not what I hoped to hear, is still very useful nonetheless! The gas supplier I have contacted have been fairly vague in their expectations...they identify that they will "assume" that permission has been granted by neighbouring property owners. Am I therefore correct to assume that a verbal agreement with my neighbour would not be enough and that Land Registry/solicitors etc would have to be involved and therefore all the extra cost?