Buying house with underground LV power cable crossing garden

Biscuits13

First post, so bear with me! We are in the process of purchasing a house and during the searches our solicitor found there was an historical lease (that expired many years ago) concerning a power cable that crossed the garden, allowing the local electric board access if ever they needed it. Our solicitor is insisting we find out whether there are any current agreements with the electric company. The seller's solicitor isn't aware of any, but our solicitor wants to know exactly where we stand. We have made contact with the electric co to find out current status.

The discovery of the cable has not put us off the purchase, and we have pressure from the buyers of our current house to complete quickly. I just wondered whether anyone has gone through this? Our solicitor is quite adamant that things should be in place prior to exchange which is understandable, but if the outcome doesn't affect our decision are we safe to go ahead, but still look into the current status with the electric co? Thanks in advance!

newsgroup_monkey

See, the problem is, if you rush it through without the Solicitor doing his job, there could be trouble.

If, for instance, the electric company decide that they want to replace said cable, they may well want a few weeks access to your back garden, ripping it to shreds, leaving it in a right mess, destroying plants, turf and maybe even trees. They might cause other damage which they may have the right to do in the lease.

In that situation, you'll be suing your Solicitor because you knew nothing about it and will be telling the Solicitor he/she was negligent

Biscuits13

We are not worried about the cable being there, and fully appreciate that if the electric board may need access in the future. This cable goes up through every garden on the same side of the road. The current owners have owned the house for well over 10 years and haven't ad any issues. And also, as I mentioned we have contacted the electric board ourselves, to find out (for us really) what their current access situation is.

My main question is has anyone else bought a house with a similar issue, and if so was all the paperwork regarding access in order prior to the purchase? Thanks

tim123456789

newsgroup_monkey wrote: »

See, the problem is, if you rush it through without the Solicitor doing his job, there could be trouble.

If, for instance, the electric company decide that they want to replace said cable, they may well want a few weeks access to your back garden, ripping it to shreds, leaving it in a right mess, destroying plants, turf and maybe even trees. They might cause other damage which they may have the right to do in the lease.

I doubt very very much that any wayleave agreement gives the utility company the right to damage a property with no requirement to re-instate as found.

Furts

tim123456789 wrote: »

I doubt very very much that any wayleave agreement gives the utility company the right to damage a property with no requirement to re-instate as found.

As I read it OP has said there is not a current wayleave for the cable. Or, if it does exist, it has not yet been found.

I would not proceed until I knew where I stood.

ognum

My main worry would be will it put someone else off buying in the future when you want to sell?

steppevos

Ask some neighbours. The cable may not longer be there.