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Wording in property deeds and rights it gives
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baz8755
Posts: 169 Forumite
We are still having ongoing issues with our neighbour and his broadband connection and the issue has raised it's ugly head again.
Basically it all concerns a piece of our driveway that he has to cross to access the highway, in the deeds he has rights to cross and that is fine.
However last year he decided to arrange for Virgin to dig across our tarmac to install he cable without consulting us. Despite trying to engage with him he got nasty and when it came time for us to sign the wayleave we refused due to not liking the far too open wording (we even tried to get it amended to specify location and type of equipment but to no avail).
His property has rear and side borders with the public highway and is bordered by us and other neighbours either side. The other neighbours have said they would grant consent (or so he says) but Virgin won't take that route.
He has always kept on about the clause in the deeds that reads -
'The free and uninterrupted right of connection to and of passage of running water and soil gas electricity and other services into and through the service installations now constructed or to be constructed in or under adjoining and neighbouring land comprised in the Estate of the Vendor together with full rights to enter on such adjoining or neighbouring land at all reasonable times and upon giving reasonable notice (except in case of emergency) for the purpose of inspecting repairing and maintaining such service installations doing as little damage as possible and forthwith making good any damage thereby occasioned the Purchaser paying a due and proportionate part of the expense of keeping the service installations in good repair and condition'
Our argument is that we have no objection to him having cable but are not happy to sign the wayleave and there are other viable routes rather than damaging our drive.
Today cable providers were working outside my property and I clarified that they were not touching my property. However the neighbour then approached them and quoted the wording in the deeds again as having rights to dig up our land.
We need to know what rights these clauses give him across our land as we believe that as there are viable alternatives that is the route he should be exploring and whether he can just tell someone to install without our permission.
Basically it all concerns a piece of our driveway that he has to cross to access the highway, in the deeds he has rights to cross and that is fine.
However last year he decided to arrange for Virgin to dig across our tarmac to install he cable without consulting us. Despite trying to engage with him he got nasty and when it came time for us to sign the wayleave we refused due to not liking the far too open wording (we even tried to get it amended to specify location and type of equipment but to no avail).
His property has rear and side borders with the public highway and is bordered by us and other neighbours either side. The other neighbours have said they would grant consent (or so he says) but Virgin won't take that route.
He has always kept on about the clause in the deeds that reads -
'The free and uninterrupted right of connection to and of passage of running water and soil gas electricity and other services into and through the service installations now constructed or to be constructed in or under adjoining and neighbouring land comprised in the Estate of the Vendor together with full rights to enter on such adjoining or neighbouring land at all reasonable times and upon giving reasonable notice (except in case of emergency) for the purpose of inspecting repairing and maintaining such service installations doing as little damage as possible and forthwith making good any damage thereby occasioned the Purchaser paying a due and proportionate part of the expense of keeping the service installations in good repair and condition'
Our argument is that we have no objection to him having cable but are not happy to sign the wayleave and there are other viable routes rather than damaging our drive.
Today cable providers were working outside my property and I clarified that they were not touching my property. However the neighbour then approached them and quoted the wording in the deeds again as having rights to dig up our land.
We need to know what rights these clauses give him across our land as we believe that as there are viable alternatives that is the route he should be exploring and whether he can just tell someone to install without our permission.
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Comments
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His right to services via neighbouring properties does not appear to specify any route, or limit the right to any specific bit of land owned by the neighbour.
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He can't make you sign a wayleave, you can't stop him having a cable.
Have you asked Virgin about the alternative routes?0 -
So what does that mean for his claim to be able to dig up my tarmac without my permission?propertyrental said:His right to services via neighbouring properties does not appear to specify any route, or limit the right to any specific bit of land owned by the neighbour.0 -
I have no desire to stop him having cable but I also have no desire to have my drive dug up or sign a wayleave. He claims Virgin will not consider alternative routes but surely that is an issue for him to sort with them as there are routes open to him if Virgin would agree.BarelySentientAI said:He can't make you sign a wayleave, you can't stop him having a cable.
Have you asked Virgin about the alternative routes?0 -
why do you not want to sign the wayleave?0
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The wording just specified 'Equipment' on our 'Property'. We wanted it to be more specific stating what equipment and where exactly on our property. We even supplied them with a suitably amended version but they rejected it. Also we are led to believe that it may affect the potential sale value of our property.DE_612183 said:why do you not want to sign the wayleave?0 -
Fair enough - who rejected it - your neighbour or Virgin?baz8755 said:
The wording just specified 'Equipment' on our 'Property'. We wanted it to be more specific stating what equipment and where exactly on our property. We even supplied them with a suitably amended version but they rejected it. Also we are led to believe that it may affect the potential sale value of our property.DE_612183 said:why do you not want to sign the wayleave?0 -
Virgin rejected itDE_612183 said:
Fair enough - who rejected it - your neighbour or Virgin?baz8755 said:
The wording just specified 'Equipment' on our 'Property'. We wanted it to be more specific stating what equipment and where exactly on our property. We even supplied them with a suitably amended version but they rejected it. Also we are led to believe that it may affect the potential sale value of our property.DE_612183 said:why do you not want to sign the wayleave?0 -
baz8755 said:
So what does that mean for his claim to be able to dig up my tarmac without my permission?propertyrental said:His right to services via neighbouring properties does not appear to specify any route, or limit the right to any specific bit of land owned by the neighbour.doing as little damage as possible and forthwith making good any damage thereby occasioned...................................................................................................0 -
Given it's you that wants the route different and it's on your land, surely it's an issue for you to discuss with them.baz8755 said:
I have no desire to stop him having cable but I also have no desire to have my drive dug up or sign a wayleave. He claims Virgin will not consider alternative routes but surely that is an issue for him to sort with them as there are routes open to him if Virgin would agree.BarelySentientAI said:He can't make you sign a wayleave, you can't stop him having a cable.
Have you asked Virgin about the alternative routes?
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