Does anyone know what this clause on a Lease means

[Deleted User]

The right to free and uninterrupted passage of water, soil, gas and electricity from and to the Basement flat through sewers, drains and watercourse pipes and wires which are now or may at anytime within 21 years from the date herof b in under or passing through the property or any part thereof.

I don't understand what the 21 yr date means

Also there is a clause saying the flats have no right to light or air from the windows ?

DumbMuscle

The 21 year date means that it only covers installations in place within the first 21 years of the lease (so, e.g. if the property had no gas main and one was installed 20 years after the lease started, then that's fine, but 22 years after the lease started you would need new permission). ((I mean, technically this is badly drafted, as gas won't flow through any of "sewers, drains and watercourse pipes, and wires", but the meaning is clear and it would be taken to include gas pipes if it ever came up))

No right to light or air means that the leaseholder can make modifications to the property which would block the windows, and that would be within the lease terms.

AdrianC

BBH123 wrote: »

The right to free and uninterrupted passage of water, soil, gas and electricity from and to the Basement flat through sewers, drains and watercourse pipes and wires which are now or may at anytime within 21 years from the date herof b in under or passing through the property or any part thereof.

I don't understand what the 21 yr date means

It means that any pipework and wiring that was in the property before the date of the lease, or within 21 years of it, can stay. It saves any argument about exactly when some particular utility was installed relative to the lease.

What's the lease date? Is it still within that 21 years? I'm not saying that fibre or cable broadband (as an example) can simply be installed without any permission from the freeholder - but there's at least a precedent for the ongoing presence if you are still within.

Also there is a clause saying the flats have no right to light or air from the windows ?

You can't complain to the freeholder if somebody puts another building next door, blocking your view.

[Deleted User]

Thankyou both very much, that is helpful.

DumbMuscle

As an addition to the above, it doesn't just mean that the pipes stay there - but that nothing on the property should interrupt the flow through them - e.g. if the leaseholder wants to put a water meter in or do work on another part of the building, but that would stop your water supply for a day or so, then they would need your permission (and you could probably get some compensation for it).

Unless it's somewhere else in the lease, there doesn't seem to be an exception for emergencies in this clause - so this could even cover a case where the leaseholder needs to cut off your water supply due to a flood (though I'd be very wary about pushing that too hard unless the flood itself is the leaseholder's fault).