Service Media covenant

Paras

Hi friends,

We are purchasing a 4 bed house in a secluded location. Right next to this house are a set of chicken sheds owned by the current owners. These chicken sheds are being sold to a property developer who also happens to be the MD of the the EA appointed by the current owners.

The document pertaining to the neighbouring Chicken Shed property clearly states that our neighbour has a right to 'Install Service Media' on our property. What does Service Media mean and how worried should we be about this? We do not have any right to Install Service Media on their property.

Following are the rights of the person buying the Chicken Shed property ...

12.2 There are granted out of the Adjoining Land for the benefit of each and every part of the Property the following rights.

12.2.1 The right to connect into and us all such Services, Electrical Service Media and Service Media as may be laid now or within the future to be made or laid in under o on the Adjoining Land subject to the Transferee and its successors in title paying a fair proportion of the cost and expense of keeping the said Services and Service Media maintained in good order repair and condition.

12.2.2 The right to renew, maintain, install or r-route and Electrical Service Media and/or Service Media which are now laid or may be laid in future with the Perpetuity Period in under or over the Property.

12.2.3 A right of entry onto the Adjoining Land upon giving reasonable notice to the Transferor, except in the case of an emergency, for the purpose of cleansing maintaining repairing the said Services, Electrical Service Media, Service Media and/or the Property causing as little damage and inconvenience as possible and forthwith at their own expense making good any damage occasioned by such entry

We don't understand what all this means. We are very worried about stuff like Septic Tanks or Windmills or unsightly things sprouting up on our future home.

Thanks.
Paras

Comms69

Sounds like plumbing, wiring etc.


The property is not the house, but the land.

davidmcn

The initial capitals for "Services, Electrical Service Media and Service Media" is usually a clue that those are defined elsewhere in the deed - are they?

Paras

Thanks for your reply,

The initial capitals for "Services, Electrical Service Media and Service Media" is usually a clue that those are defined elsewhere in the deed - are they?

Yes, it says as follows (quoting only the relevant definitions) ...

Definitions ..
12.1.3 "Electrical Service Media" means cables wires and all other media capable of conducting electricity.

12.1.7 "Services" means water soil drainage gas fuel oil telecommunication and all other similar services conducted by the Service Media.

12.1.8 "Service Media" means sewers drains channels pipers gutters wires cables and all other conducting media conducting the Services.

G_M

To be clear, the quote comes from the neighbouring property's Title yes? Not yours?


Yes, you need to look for definitions.


I assume that the neighbouring property has no existing services, or, more likely, it does but it is already via your land. As your seller owns both at present, the shared access is currently no problem to him, but in selling his house to you he risks losing the access for power, water etc to the land (currently chicken sheds) after the sale.7


So he is protecting that access right.


I have a similar covenant, though more clearly defined, as my mains water pipe crosses my neighbour's garden, and my waste water goes into his septic tank. Without the covenant, my neighbour could cut off my water and sewerage!


But you're right - you need to see (or get inserted) clear definitions.


edit: ah! well there's your definition then.

Paras

Thanks,

To be clear, the quote comes from the neighbouring property's Title yes? Not yours?

Yes. The neighbouring property is unregistered at the moment. The title shows our house as registered and the neighbouring property as unregistered.

I assume that the neighbouring property has no existing services, or, more likely, it does but it is already via your land. As your seller owns both at present, the shared access is currently no problem to him, but in selling his house to you he risks losing the access for power, water etc to the land (currently chicken sheds) after the sale.7

1. The Electric Meter for our property sits on the neighbouring property, which means they have electricity. The current owners did not agree to shift the meter to our property, perhaps we need to do that ourselves.

2. The water supply is somewhere outside the gate to 'our' drive on the Local Authority's land I presume.

3. There is a Septic Tank beneath the property we are buying. Will the owner of the neighbouring land get access to it? Our worry is that this is going to end up being a development/neighbourhood soon. Or at least a business. This suggest heavy use of the Septic Tank. What say?

4. Not sure about Gas.