Northern Gas Networks Digging Up My Drive

atomickarma

Apologies if this is in the wrong place.

5 years ago we had a tarmac drive laid at a cost of £3K. This was done based on the understanding that utilities were run up the side of either fence (as you look at the house, water and gas on left, telephone/cable on the right) with 80cm-1m of gravel above the connecting infrastructure.

Today, I have learned from NGN that they want to dig a hole in my drive to replace pipes that shouldnt be there, running between the properties - pipes that according to their previous surveys are under the street.

What I want to know is what grounds do I have for compensation? I'm not keen on having a patchwork driveway!

QrizB

atomickarma said:

What I want to know is what grounds do I have for compensation? I'm not keen on having a patchwork driveway!

Compensation? None.

NGN have a duty to take reasonable care in restoring your driveway to its pre-existing condition. This doesn't mean that the repair needs to be invisible, or that they need to fully resurface.

If they fail to take reasonable care, then you can seek a remedy.

atomickarma

QrizB said:

atomickarma said:

What I want to know is what grounds do I have for compensation? I'm not keen on having a patchwork driveway!

Compensation? None.

NGN have a duty to take reasonable care in restoring your driveway to its pre-existing condition. This doesn't mean that the repair needs to be invisible, or that they need to fully resurface.

If they fail to take reasonable care, then you can seek a remedy.

What would such a "remedy" be?

[Deleted User]

Hi,

atomickarma said:
5 years ago we had a tarmac drive laid at a cost of £3K. This was done based on the understanding that utilities were run up the side of either fence (as you look at the house, water and gas on left, telephone/cable on the right) with 80cm-1m of gravel above the connecting infrastructure.

so, did you have utility providers verify position of pipes/cables, or just rely on the tarmac company?

The tarmac company would not be able to move any pipes/cables in middle of drive, that would need utility company, and would've cost a lot more than £3k.

atomickarma

frugalmacdugal said:

Hi,

atomickarma said:
5 years ago we had a tarmac drive laid at a cost of £3K. This was done based on the understanding that utilities were run up the side of either fence (as you look at the house, water and gas on left, telephone/cable on the right) with 80cm-1m of gravel above the connecting infrastructure.

so, did you have utility providers verify position of pipes/cables, or just rely on the tarmac company?

The tarmac company would not be able to move any pipes/cables in middle of drive, that would need utility company, and would've cost a lot more than £3k.

Perhaps I wasn't clear; those cables/pipes always ran up the fence. We specified these areas should not be touched by the drive company. If there had been any likelihood the connecting pipes were on the property, we would not have had the drive laid in such a way.

We've lived in the property 17 years, and various works have been done. We've always been told by visiting engineers (leaks, nearby works disconnecting supplies to demolished properties, etc.) that nothing important is on our properties; their own survey has resulted in the pipework "painted" on the street.

QrizB

atomickarma said:

QrizB said:

atomickarma said:

What I want to know is what grounds do I have for compensation? I'm not keen on having a patchwork driveway!

Compensation? None.

NGN have a duty to take reasonable care in restoring your driveway to its pre-existing condition. This doesn't mean that the repair needs to be invisible, or that they need to fully resurface.

If they fail to take reasonable care, then you can seek a remedy.

What would such a "remedy" be?

Most likely, the cost of making good to the same reasonable standard. But that would be for the court to decide.

atomickarma said:

Perhaps I wasn't clear; those cables/pipes always ran up the fence.

Unless NGN have sneaked along in the middle of the night and moled the pipes under your drive, it sounds more likely that they have always been under your drive.

atomickarma said:

If there had been any likelihood the connecting pipes were on the property, we would not have had the drive laid in such a way.

Did you have a utilities survey carried out before laying the drive? What did that survey report?

atomickarma said:

Today, I have learned from NGN that they want to dig a hole in my drive to replace pipes that shouldnt be there, running between the properties - pipes that according to their previous surveys are under the street.

NGN will no doubt have come along and carried out their own survey in preparation for these works. Have they left survey markers on your driveway?

ROY47

Qoted your bit 

Today, I have learned from NGN that they want to dig a hole in my drive to replace pipes that shouldnt be there, running between the properties - pipes that according to their previous surveys are under the street.

utility records are not very good I worked for a utility company for 40+ years

before we dug up roads , gardens , pavements , fields  we had to have records from all utilities

They were very often wrong or not on record ... even my own house does not have a record of where the cable feeding it is !

If they now say there is a pipe between properties across your drive tell them you have no wayleaves for it as it feeds other properties ? (agreement to run pipe)   so cut off either side of your drive in the bit you left for utilities and find another way to run that pipe

But it Could be difficult if that same pipe feeds your gas supply i.e teed off mid way to feed you

JSHarris

Does the pipe serve your property, or does it serve a neighbour?

If it serves your property you do not have a leg to stand on, it's your service pipe and is your responsibility.  Most you can hope for is reinstatement to an acceptable standard.

Not sure why on earth anyone might think that they are entitled to compensation for something that is their own responsibility, whether they knew exactly where it was or not doesn't come into it.  Service pipes are service pipes, you, or your predecessors in title, had the choice as to where they were run, and from then on you carry the can for any work needed to maintain them (although utilities generally take a lenient view about where costs lie)

If it serves your neighbour then there should be something like a way leave granting consent, which should be recorded with the house title (used to be in the deeds).  In this case you generally have more rights, subject to the pipe not being a shared service that also supplies your own home.

brewerdave

Local water board had 4 attempts at finding my water main feed to my house. The guy who did the initial survey told me that Utility Co. drawings were frequently wrong (the water main was actually 10 feet away from where he looked initially!) - how have NGN determined that the gas mains are routed under your drive ??

atomickarma

Thanks for your responses.

The subsequent survey has found that the digging will take place at the edge of our drive, alongside a dividing fence (lawn at the other side). So this isn't as bad as first thought.

I'm considering moving the fence so we can avoid this happening in future (that is, ensure the gas mains are under the lawn/flower bed as I have plans for a more attractive printed drive this summer) and the drive is big enough to accomodate this should we decide to do it.