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severn trent easement

Hi
After some advice.
I`m buying a new build currently, already exchanged, completing on 31st october. My solicitor has just emailed me to say that the developers solicitor is now saying that severn trent require an easement of access over a parcecl of my land to gain access to a swail over a headwall. I know it`s difficult to answer without seeing deeds etc. but my question is...can I say no? Not comfortable with it but what choice do I have?

Thank you

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Realistically you cant say no, as they'll just go to court to get it.


    You have a solicitor, make it worth the money your paying them - ask them
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Depends what your contract says.
  • should i ask for compensation?
  • Riggyman
    Riggyman Posts: 185 Forumite
    For what?????????
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 October 2016 at 5:07AM
    Why are you 'not comfortable' with this?

    Presumably, you've seen the site. Did it not occur to you that such a feature would require some sort of periodic maintenance, or at least the option to maintain it in extreme situations?

    It's like the 11kV power poles that cross my land. When I purchased, no one pointed out to me, until the final legal checks, that Western Power have the right to access them occasionally; probably because it was self-evident.

    No one currently has the right to impede the work of those who provide essential public utilities and protection. Look into the law surrounding who has a right to enter your home to gain a true perspective.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    CHammer07 wrote: »
    Hi
    After some advice.
    I`m buying a new build currently, already exchanged, completing on 31st october. My solicitor has just emailed me to say that the developers solicitor is now saying that severn trent require an easement of access over a parcecl of my land to gain access to a swail over a headwall. I know it`s difficult to answer without seeing deeds etc. but my question is...can I say no? Not comfortable with it but what choice do I have?

    Thank you

    Well if they don't have access and the swail overflows and floods you, how comfortable would you be with this?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    CHammer07 wrote: »
    should i ask for compensation?

    I can only speak for my single personal experience but my parents had a small transformer on their land and received an annual payment (a very small amount as I recall) from the electricity supplier for their easement to gain access.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    agrinnall wrote: »
    I can only speak for my single personal experience but my parents had a small transformer on their land and received an annual payment (a very small amount as I recall) from the electricity supplier for their easement to gain access.

    I wouldn't raise hopes.

    At my last house, I had an access cover to a large underground sewer, but in all the 21 years I was there, no payment was made.

    For BT telephone poles, there's a one off payment only of around £150 for those not serving the landowner's property.

    For power poles and lines, there's an annual wayleave payment commenurate with the amount of equipment not solely involved in the supply to the property. Mine's around £40 pa.

    So, each utility seems to be different.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Davesnave wrote: »
    I wouldn't raise hopes.

    At my last house, I had an access cover to a large underground sewer, but in all the 21 years I was there, no payment was made.

    For BT telephone poles, there's a one off payment of around £150 for those not serving the landowner's property..

    For power poles and lines there's an annual wayleave payment commenurate with the amount of equipment not solely involved in the supply to the property. Mine's around £40 pa.

    So, each utility seems to be different.
    Chances are that there's no payment due anyway assuming the drainage arrangements are for the benefit of the new development.
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