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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7567
Experience:  UK solicitor holding an England and Wales practising Certificate.
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The end of my driveway is brown on the land registry plan to

Resolved Question:

The end of my driveway is brown on the land registry plan to allow access, I believe, to my neighbours house wall. While I was away the neighbour, without permission, laid pipes under this area and place a drain cover within it. This was to connect a new build in his garden to the sewerage system. He also piped under a small area of my property adjacent to the brown area which he covered in concrete.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Apart from the "small area of my property adjacent to the brown area", have the rest of the works been carried out under your neighbour's land?

Kind regards

Tom
Customer: replied 3 years ago.

Not entirely. After leaving his land and before reaching the brown area he had to pipe under some of my land over which he has vehicular access. The then concreted over that area so as to be able to cover the pipe.

Expert:  Thomas replied 3 years ago.
Thanks.

Drafting your answer now.

Kind regards

Tom
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, unless his land benefits from a right to lay or maintain service media over under your land then he has no legal right to do this.

If he has this right then it should be referred to in the registered legal titles for your respective properties. It may state it outright on the title or the title may say that your property is subject to rights reserved in an earlier Transfer, in which case you would have to download a copy of the earlier transfer to see if he has this right.

Basically, if he has this easement then it would usually state that it is subject to making good any damage caused. So, although you could not now do anything about the actual laying of the pipes you could compel him to make good any damage cause to your land.

If there is no such right then he has placed himself in a tricky situation. You could remove the piping OR you could offer to execute a retrospective Deed of Easement giving him the right to lay piping under your land and charge a fee for executing this.

I would check the titles yourself to ensure there is no such right. If there is no such right then I would settle on what you want to do and then negotiate with your neighbour. It’s likely to be very expensive for him to remove the piping and then lay further piping through other land as an alternative route, so before negotiating you may consider finding out how much a contractor would charge for the work as a guide to what fee you propose to charge. It will not be inconsiderable.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7567
Experience: UK solicitor holding an England and Wales practising Certificate.
Thomas and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.


Hi Tom


Following your advice I now have more and revised information. I have carried on with this thread as having the previous info etc. will obviously help but I am not trying to get the extra info for free. Please let me know how I can pay for what I am about to ask,


 


Taking your advice have found old title and he is entitled to lay sewer under my land. But he must make good all damage occasioned. Because he could not otherwise get a good fall to the sewer it is very shallowly laid and to cover it he has had to build up the level in a hump over the pipe with soil and gravel and in one place concrete, to the extent of perhaps a foot at one end tapering down. Further more he has installed a square manhole on the surface of my land. This manhole is approximately half in an area of my land designated as retained for my neighbour to make good any repair to the gable end of his property and the other half fully in my land not so retained. All this is to the very end extent of my land and on it but bordering and close to his land and wall. Although all this is a little unsightly and does stop me parking my car exactly where I would like I am inclined to be neighbourly and live with it to an extent. However I am worried about any future consequences of doing nothing about it.


Kind Regards


John

Expert:  Thomas replied 2 years ago.
Hi John

I will reply tomorrow.
Tom
Customer: replied 2 years ago.


Hi Tom,


I have been away all week. However I do not seem to have had a reply. Please advise,


Thanks


John

Expert:  Thomas replied 2 years ago.
Apologies, John.

I will reply at 9am.

Tom
Expert:  Thomas replied 2 years ago.
Hi John,

If his right is subject to making good any damage caused then you should be able to compel him to relevel the surface so that it was the same level as previously.

The manhole issue is a bit trickier, though I would argue that the right does not imply a right to have part of a manhole on your land and that you should be allowed to require him to have it moved on to his land.

Kind regards

Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7567
Experience: UK solicitor holding an England and Wales practising Certificate.
Thomas and other Property Law Specialists are ready to help you

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