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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We live on a private road owned by a residents association.

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We live on a private road owned by a residents association. We have a right of way over the road. We have recently redeveloped the property and built a larger house, as such it needs an improved electricity supply. The owners of the private road (ie the residents association) are currently refusing to give the electricity company permission to dig up the road and install the new electricity cabling. Can they do this?
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you have an express right contained in your title to lay new cabling over the road please - a right may ave been included with the original transfer of the house to lay pipes or cables within 80 or 125 years of the date of the transfer though such rights are not automatic?
Customer: replied 2 years ago.

There is no express right to lay new cabling only an express right to a right of way. There is an existing electricity supply for the original house which needs to be upgraded in order to serve the new house.

many thanks. If there is no express easement providing you with the right to lay new cabling which would not be uncommon unfortunately, then there is no private right to require the laying of new cabling. Instead, you would under these circumstances need to rely upon the powers granted to the electricity undertaker set out in the Electricity Act 1989 which gives electricity companies the right to lay new cabling without landowner's permission where it is necessary to do so to enable them to supply a property. The electricity company is required by its code of practice to first attempt to negotiate consent with the landowner before enforcing its statutory powers but where consent cannot be obtained, the electricity undertaker has the power to lay cabling without the landowner's permission as above. the electricity company must make good the land which is dug up in exercising of their powers and the may have to pay compensation to the landowner with the cable has already been laid and the replacement cable is not substantively different in terms of its impact on the landowner's land, compensation may not be payable. There is a national framework in place for compensation for each region and your electricity undertaking can provide you with more information in respect of the compensation framework in place for your region and advise whether any compensation is likely to be payable to the landowner given the work proposed. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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