Mains gas and HV cables running under our property

Finneganae

We recently discovered we have mains gas and 2 HV cables running over our garden, we believe 2 metres from our house.  We bought the house 11 years ago but found nothing in our deeds, or any surveys we did relating to gas or electric being there, just a mains water pipe.  

Unfortunately for us, we have had planning permission agreed (on two separate occasions) to build over that area.  Electric have agreed to redirect their cables but gas are saying no and even if it is technically possible we would have to pay...into the 10s of thousands. .we have a scheme agreed for a build over for water.  

My question is, can these companies get away with not providing any legal documentation or evidence for them being there? in the first place  No deed of easement was set up when they were first put in on building the house in 1983, there are no inspection chambers (we only have water ones), no one has ever been out to maintain them.  This pipe is over 40 years old and was described to us by someone at the gas company as 'old and fragile' although this is not written down.  

The gas company are saying they can use their prescriptive rights to keep the pipe there and that we should have checked it was there.  However, there is nothing in our deeds, no mention in our full structural survey when we bought the house, nothing from Local Authority after going through planning permission, no one has been out to inspect and no inspection chambers.  I thought a utility company had to agree a deed of easement with the landowner when they install. Is this not true?

Section62

Finneganae said:

We recently discovered we have mains gas and 2 HV cables running over our garden, we believe 2 metres from our house.  We bought the house 11 years ago but found nothing in our deeds, or any surveys we did relating to gas or electric being there, just a mains water pipe.  

Unfortunately for us, we have had planning permission agreed (on two separate occasions) to build over that area.  Electric have agreed to redirect their cables but gas are saying no and even if it is technically possible we would have to pay...into the 10s of thousands. .we have a scheme agreed for a build over for water.  

My question is, can these companies get away with not providing any legal documentation or evidence for them being there? in the first place  No deed of easement was set up when they were first put in on building the house in 1983, there are no inspection chambers (we only have water ones), no one has ever been out to maintain them.  This pipe is over 40 years old and was described to us by someone at the gas company as 'old and fragile' although this is not written down.  

The gas company are saying they can use their prescriptive rights to keep the pipe there and that we should have checked it was there.  However, there is nothing in our deeds, no mention in our full structural survey when we bought the house, nothing from Local Authority after going through planning permission, no one has been out to inspect and no inspection chambers.  I thought a utility company had to agree a deed of easement with the landowner when they install. Is this not true?

If they were there before your house - or put there when the estate was developed - then either no easement with the owner of your property was required, or the gas company made an agreement with the developer.

Gas pipes (and electricity cables) don't have inspection chambers.  There may be valve chambers, but these are few and far between and probably somewhere where the estate road starts.  Your surveyor wouldn't know about the pipes/cables unless you told them they were there, and only the most important (/dangerous) gas mains are known to the planning authority.  They would only be a planning consideration if they were of strategic importance and the development risked causing problems.

The utilities have extensive powers to install and maintain their plant, and protect it from damage.  You'd need to consult a solicitor to find out the exact details of what the gas company can and can't do in your case, but I doubt the lack of paperwork means the gas company would have to remove or divert their pipe.

It is fairly common for someone wanting to do work which requires alterations to utility plant to have to pay for it - and five or six-figure sums are what it often costs.  Diverting a gas main is an expensive job and needs a lot of planning.  If there are HV electric cables nearby then it makes things more complicated on top.

Is there another way of extending the property which wouldn't affect the gas pipes?

theartfullodger

Upwards possible?

Finneganae

Thank you for your comments.  Oddly the electricity company have agreeed to divert their cables for free and have said the gas could use their trench.  

We just cannot believe there is no formal record of it when it was put in. Also the pipe services the entire estate (over 100 houses) so not insignificant.  

Do you think there would be a chance of fair compensation for impacting the future value of the house bearing in mind we now have to declare it and it will affect the future value of our house and how we use it?  

Robin9

Finneganae said:

................................  However, there is nothing in our deeds, no mention in our full structural survey when we bought the house, nothing from Local Authority after going through planning permission, no one has been out to inspect and no inspection chambers.....................

The Deeds are the only place there would be a record ; the LA  are not involved  in the original work and the planners are not interested or in a position to comment;   neither would your Surveyor.