Is this ok?

Danandsarah

Hi guys, after some advice.

We are currently due to complete on a new build property however we have been advised earlier this week that our neighbours electric meter will be in our car port and we must allow them access to it as and when required. We arnt to happy about this and advised Crest of this however we have been told thats the way it is and we will have to live with it. Where do we stand legally on this? It was not part of the exchange contract and have only just been advised the contract is changing?

Appriciate your advice guys.

Zandoni

I certainly wouldn't accept it, have a word with your solicitor.

Crazy_Jamie

Danandsarah wrote:

Where do we stand legally on this?

This seems to be a scenario where an easement would be in place. An easement essentially grants a person the right to use land in a certain manner without possessing it themselves. In this situation it would appear likely that an easement exists for your neighbour to gain access to your land for the purposes relating to the electric meter. If that is the case, then there is very little that you can do about it. You may have legal redress if they abuse this right by checking the meter every day; 'as and when required' doesn't mean unlimited and unreasonable access. But otherwise you will have to make do. At the end of the day it is essentially that your neighbours have access to their own electric meter, notwithstanding that it is not on their land. That is part of the reason for the existence of easements.

The only further point to note is that it will be worth making enquiries as to the nature of this right given that the property is new build, and therefore everything pertaining to property rights in the surrounding area will all be quite recent. However, I would not expect to be able to prevent your neighbours from accessing the electric meter in the long run. Unless it can be moved (I wouldn't have a clue about whether or not that is feasible) the simple fact is that your neighbours have to have access to their own electric meter, so if it isn't already a right that is protected by way of an easement, I expect it will be in due course.

go_cat

Have you checked if your meter would also be on a neighbours land?

warehouse

If you're having issues with it then one day when you come to sell so might your buyers. What if your neighbours are ones from hell and you don't get on, that'll be fun! I'd walk away personally, something isn't right putting the meter there.

Danandsarah

Hi guys, thanks for you views and guidance.

Just to confirm we reserved back in June, exchanged in August and are due to complete on the 29th and have only just been informed that our neighbours meter will be on our land. Our own meter will also be on our land. I have told Crest that we want it moved for various reasons but they have advised that we basically have to accept this change in the plans. I have advised Crest that i have instructed our solicitors to make a formal enquiry via their solicitors into this matter.
Our solicitor will be doing this however i have not had any feedback in terms of where we stand from a legal point of view????

dmg24

Danandsarah wrote: »

Hi guys, thanks for you views and guidance.

Just to confirm we reserved back in June, exchanged in August and are due to complete on the 29th and have only just been informed that our neighbours meter will be on our land. Our own meter will also be on our land. I have told Crest that we want it moved for various reasons but they have advised that we basically have to accept this change in the plans. I have advised Crest that i have instructed our solicitors to make a formal enquiry via their solicitors into this matter.
Our solicitor will be doing this however i have not had any feedback in terms of where we stand from a legal point of view????

Crazy Jamie has given an excellent explanation.

barvid

Does it really matter?!

cyberbob

barvid wrote: »

Does it really matter?!

If you actually read the thread yes it does.

If the OP accepts this last minute change and in a few years comes to sell the house. A sale could fall through due to this. As it sounds like a last minute change I would be questioning as why in a new build have they had to change the plans now to do this. What happened to the original positioning of the meter for the neighbours.

My guess is there has been a !!!!-up by the builder or architect and it's cheaper to leave it than correct the problem so they are trying to get away with it.

Zandoni

I for one wouldn't buy this house from you in the future, I guess I am not alone.

So get them to move it or tell them the sale is off and look into the legal position with your solictor for the return of your deposit and fees.

mountainofdebt

I must be having a [STRIKE]grey[/STRIKE] blonde moment as I can't envisage how the electricity meter can be in the OP's car port as I thought they were attached to the house?

Where would your meter be an where is everyone else's ?