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Hi chaps

A client's neighbor has given permission to pass an swa under his driveway to reach my clients neighboring semi detached garage. New build nightmare scenario with shared driveways.

An agreed level of making good the driveway shall be confirmed probably by third party as my client will be having driveway redone soon anyway.

Please can anyone confirm if this is a total no-no with legal evidence to back it up before we all start shouting the obvious bits.

I know utilities company have easement etc and the worry is if either party sells their house. Neighbor is offering signed letter from our solicitor if needs be

Cable would be in a duct in case it all goes wrong later but I'm not sure if it goes as far as deeds on property etc.
We were told to clear it down side of his garage too but I think it's an awful idea and longer run than to put duct in.

Aico drain affair paid for by us across both driveways as an access solution was mentioned. It wouldnt be used as a drain intentionally

Regards
 
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I would do an over head supply or surface wiring in these cases

I personally would never run anything under a neighbouring house or drive

But that's just me
 
  • Thread Starter Thread Starter
  • #3
I would do an over head supply or surface wiring in these cases

I personally would never run anything under a neighbouring house or drive

But that's just me
I agree. Always room for argument later. I can pass the cable across a shared footpath which is only 1 flag wide and in front of my clients and then cleat it surface on the corner of his garage up the wall

'We' have to cross his driveway or garage but he has to walk up a path crossing our land.

Terrible layout on the builders half but it meant 2 houses, 2 driveways and 2 garages are fitted in as tightly as poss
 

Midwest

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Arms
Esteemed
I would do an over head supply or surface wiring in these cases

I personally would never run anything under a neighbouring house or drive

But that's just me
I'd disagree. I would much prefer a properly installed underground supply; overhead or surface install is not aesthetically pleasing and would have a shorter life span.

If all the legal approval etc is in place, why not proceed. My neighbours drainage runs under my drive, as do thousands of others, along with BT cables and probably power supplies.
 
  • Thread Starter Thread Starter
  • #5
I'd disagree. I would much prefer a properly installed underground supply; overhead or surface install is not aesthetically pleasing and would have a shorter life span.

If all the legal approval etc is in place, why not proceed. My neighbours drainage runs under my drive, as do thousands of others, along with BT cables and probably power supplies.
It's definitely what is needed. It's a new build culdesac and the neighbors will allow us to paint their garage door pink before they allow an overhead.

Even a cleared cable to his garage may cause issue later if they fall out or sell up. The lengths people will go to. The swa would want cleating therefore damaging his brickwork which is very much on show. A duct allows removal of said cable right from 'our' property, under shared path and both drives

Is there anything in the regs regarding property boundaries? I don't recall seeing anything
I think it's duct and make good with solicitor letter
 

Midwest

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Arms
Esteemed
I don’t recall anything in the Wiring Regulations that would prevent you doing so, others might correct me.

The important bit, has your solicitor (s) done his/her work, and whatever documents are required you have copies of.
 

buzzlightyear

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Arms
Esteemed
tell you client to put in writing for both party's to agree ,that will be £200.00 phour I charge for this, for my boat out in Monty Carlo .
 
Future costs of reinstating someone else's drive spring to mind.
(My parents property had 2 others added to the plot )
Things got complicated when -original water service sprang a leak under
Both neighbors -un-trendy shared drive!
...un-wanted Stress...
 

FatAlan

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Trainee
Surely it’s down to your client to get the legal agreements in place for the work they require. If you are happy to do the work any future issues are down to the client to sort. Can you get some sort of disclaimer signed to keep well clear of future boundary / access issues?
 

Strima

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Arms
Esteemed
This is for the client to sort out the legal issues not you.
 
Don't even think about it until you have an easement or wayleave in place...trust me, I know...I used to do these all the time (when not roaming the seven seas, obviously!) and nothing other than a legally binding covenant, in the title deeds, will suffice...
How do I know?
I made my living out of sorting these things out when it all went pear-shaped, the wheels fell off, and to hell in a handcart...
 
Just wait til they've gone to work, and mole it straight through...nobody will be any the wiser, and everyone will have saved a fortune on very expensive bits of paper.
 

UNG

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Mentor
Arms
Got to agree with Pirate only a wayleave or easement is the way forward for it to be legally validated a signed letter from the neighbour's solicitor isn't going to be worth much if the neighbour moves
 
T

The Ghost

I think the clue is in the term "shared driveway". This may well mean there are existing easements or a specific covenant which allow mutual use of driveways for services. I think also it may well be an implied covenant in any event. A quick call to the conveyancer should be able to settle it? I must say it is mystifying as to why the drive has to be crossed as if the supply is coming from your client's abode to the clients property why on earth would it need to cross neighbouring property. Although in any event a future sale might bring up a sticking point or two. One would not just need the right to go under the neighbours drive but also any future rights to maintain/upgrade the supply or fault find in the event of problems arising.
 
I would tell your client to consult the solicitor. I'd also get a copy of everything in writing for any disagreements further down the line in regards to future maintenance and upgrades.
 
In many new developments there are shared driveways and services. The title deeds granted by the builders usually contain all the appropriate rights of way/servitudes/easements in relation to the properties as built, plus the usual rights of way etc for Statutory Undertakers, like water, gas and electricity supplies.
However, "as built" does not cover future additions/deviations etc. Plus the developers usually retain a right to amend the conditions where necessary.
In order to have correct use of any additional services, such as a new supply under a shared driveway, all affected proprietors have to consent. There is no way to guarantee continued use of any such new service other than to amend the title deeds, or, add a new formal agreement to the existing title deeds. The latter is the normal way. One can acquire a real right by prescription, ie 10 years open and unchallenged use,but this is hard to evidence, and as ownership may change it is a risky strategy.
This is written according to Scots law, but I believe the main elements are the same in England.
Wayleaves/easements/servitudes are commonplace problems, and a properly qualified solicitor will be able to advise and carry out the necessary work...and you have the benefit that if it all goes pear-shaped, you have recourse against the solicitor, who has professional indemnity insurance to cover this, if needed.
Get a solicitor in!
and, of course, if necessary, get an electrician in...but after the paperwork is completed.
 

Spoon

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Mentor
Arms
Esteemed
Consult a solicitor.
 
We had to do this a few years ago, every one was in agreement
but we did fit two small warning signs either end in case a muppet decided to dig out the underground channel
its still working ok
but I recollect the neighbours drew some form of agreement up between them
 

littlespark

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Arms
Esteemed
Wonder if the OP ever got this sorted?
He’s probably buried under the drive after getting his neighbours to pay for solicitors.

I believe if it’s a “shared” drive then either neighbour can do what they like with it as long as it doesn’t affect the other neighbours use of it.
 

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