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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71157
Experience:  Over 5 years in practice.
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An easement created over 50 years ago benefit of neighbouring

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An easement created over 50 years ago for the benefit of neighbouring land to lay services along a 540 ft strip 6ft wide. How much work should the land owner do to clear the easement strip to allow access for the easement owner, or should the person wishing to exercise their right to lay new pipes etc bare the cost of clearing the strip?
Thank you for your question. My name is ***** ***** I will try to help with this.

What actually needs clearing? Trees and brambles or rubbish?
Customer: replied 3 years ago.

We have already cleared some 70 trees off the easement strip and other than that it is now clear except for two telegraph poles one on the edge of the 6ft the other about a foot inside the designated area, the man who wants to dig the new trench and lay the service pipes maintains I should have the telegraph poles moved, this could cost a lot and I believe I have already gone to excessive lengths to accommodate his easement right.

You will appreciate this is 540ft long. I am also asking a ground works engineer to tell me how close a trench digger can go to a pole and BT open reach have been informed. I simply need to know that I have done more than enough and he will have to pay for further works.

I hope this makes sense. Robert W

You have done more than enough to accommodate this. Tell this person that he has a problem with the poles, contact BT and that he is responsible for the costs. I wouldn’t get involved with telling him how close he can dig to the because if you do that, you could end up with a liability. Tell him that he is to carry out his own investigations and make his own enquiries in that respect.

Can I clarify anything for you?

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