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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My property has an easement in garden for gas main. The pipeline

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My property has an easement in garden for gas main. The pipeline is no longer in use by the gas company National Grid? So can the existing easement be now extinguished as conditions on easement may hinder sale of my property and if so how?
***** *****
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.
Rear garden has 15 meter easement due to gas main that cannot have any permanent structure, trees or shrubs on. The gas main gas been "filled in" by the gas company whom I believe are National Grid. If the gas pipe is no longer in use then I was hoping that the easement conditions could be extinguished. Hope this helps

The law is quite specific and well settled in this respect. The easement can only be extinguished either by agreement or if the two properties (the one having the benefit and the one having the burden) come into common ownership.

You have no alternative but to negotiate with the utility company to see if they will release this. If they want, then you are not able to get it done and even a court application will fail I’m sorry to have to tell you.

An easement does not fall into disuse or get extinguished regardless of whether it’s no longer needed or there is an alternative audit simply hasn’t been used for a period of years, however long

Can I clarify anything for you?

Customer: replied 3 years ago.
Many thanks, ***** ***** can get to talk to relevant persons at gas company, then hopefully it may be possible to come to an agreement, will this effect the owner of the land upon which the gas pipe is located?
You will probably find it you have more chance of getting positive reply is if your solicitor writes to the utility company.

I'm not certain what new moon when you asked is the question will this effect the owner of the land upon which the gas pipe is located because I thought this was your land.
Customer: replied 3 years ago.
No pipe is on land owned by neighbour but easement conditions encroach onto my land, so gas company have easement agreement with neighbour I presume?
It would appear that neighbour would need to consent also but without sight of dees and easement and plans it is impossible to say
Customer: replied 3 years ago.
Ok, many thanks
No problem and all the best.
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