Gas supply easement - ground only or includes airspace?
Discussion
Not me but a neighbour of a friend.
Said I'd ask on PH.
He's not a PH type.
Friend's neighbour has agreed a 2m easement at the side of his bungalow to route a gas supply through to another property.
There is 2m space from the boundary to the side elevation wall, but not if you include the overhang from the bungalow roof.
So - does an easement just need the space on the ground to be legal, or does it include the airspace above the ground?
If the purpose of the space requirement is to enable a digger to get in if needed, then the roof overhang may make that difficult.
Said I'd ask on PH.
He's not a PH type.
Friend's neighbour has agreed a 2m easement at the side of his bungalow to route a gas supply through to another property.
There is 2m space from the boundary to the side elevation wall, but not if you include the overhang from the bungalow roof.
So - does an easement just need the space on the ground to be legal, or does it include the airspace above the ground?
If the purpose of the space requirement is to enable a digger to get in if needed, then the roof overhang may make that difficult.
Check what alternatives for routing the supply are. The easement may be cheaper for the supply company and the person getting the supply. To keep the cost down they ask for the easement to make the job easier.
A friend has refused similar for a neighbour due to his neighbour being a k**b in the past. The neighbour now wants a favour but has been reminded of his past behaviour. Also it places the person allowing the easement under possible future pressure for access and restrict anything they wish to do, such as building work, landscaping etc..
It will also need to be included in any future property sale.
Get the gas supply people out to discuss the options but be careful of being pressurised.
A friend has refused similar for a neighbour due to his neighbour being a k**b in the past. The neighbour now wants a favour but has been reminded of his past behaviour. Also it places the person allowing the easement under possible future pressure for access and restrict anything they wish to do, such as building work, landscaping etc..
It will also need to be included in any future property sale.
Get the gas supply people out to discuss the options but be careful of being pressurised.
[quote=Plus4Four#]Check what alternatives for routing the supply are. The easement may be cheaper for the supply company and the person getting the supply. To keep the cost down they ask for the easement to make the job easier.
A friend has refused similar for a neighbour due to his neighbour being a k**b in the past. The neighbour now wants a favour but has been reminded of his past behaviour. Also it places the person allowing the easement under possible future pressure for access and restrict anything they wish to do, such as building work, landscaping etc..
It will also need to be included in any future property sale.
Get the gas supply people out to discuss the options but be careful of being pressurised.
[/quote]
Sounds like this ship has sailed if he's already agreed the easement. I agree though, I wouldn't want one preventing me of using 2m of land!
A friend has refused similar for a neighbour due to his neighbour being a k**b in the past. The neighbour now wants a favour but has been reminded of his past behaviour. Also it places the person allowing the easement under possible future pressure for access and restrict anything they wish to do, such as building work, landscaping etc..
It will also need to be included in any future property sale.
Get the gas supply people out to discuss the options but be careful of being pressurised.
[/quote]
Sounds like this ship has sailed if he's already agreed the easement. I agree though, I wouldn't want one preventing me of using 2m of land!
Easement on land? - Forget it - it maybe ok for you but potentially a pain when you come to sell the house.
I bought a farm, and an easement for water restricted where I could locate the new shed - if they had simply run the pipe 20 metres away on the boundary it would not/never would have cause issues. The easement was for the benefit of the neighbour and the water company - not the land owner having the pipe under the ground.
I bought a farm, and an easement for water restricted where I could locate the new shed - if they had simply run the pipe 20 metres away on the boundary it would not/never would have cause issues. The easement was for the benefit of the neighbour and the water company - not the land owner having the pipe under the ground.
It's done and registered apparently.
I also gets more interesting because it should be 3m wide for the size of pipe they are laying, but it's 2m at best, not including the roof overhang.
Looks like utility companies can make up the rules to suit them.
Are there laws relating to easement widths, or are there only guidelines made by the utility companies that they can fiddle when it suits them?
I also gets more interesting because it should be 3m wide for the size of pipe they are laying, but it's 2m at best, not including the roof overhang.
Looks like utility companies can make up the rules to suit them.
Are there laws relating to easement widths, or are there only guidelines made by the utility companies that they can fiddle when it suits them?
paul_c123 said:
TVRnutcase said:
The easement was for the benefit of the neighbour and the water company - not the land owner having the pipe under the ground.
Except farmers get money for easements - often paying more than the farming does....2. Who pays for an easement, is it the person who benefitted from it or the utility company?
Drawweight said:
1. Does it have to be declared when you re selling a house?
2. Who pays for an easement, is it the person who benefitted from it or the utility company?
For 1. I would think specific mention only if the easement is paid to the owner annually. Many (most?) houses come with shared services that cross the property at some point. It might be a footnote on the search but completely unremarkable otherwise.2. Who pays for an easement, is it the person who benefitted from it or the utility company?
For 2. It can be either or both.
Drawweight said:
paul_c123 said:
TVRnutcase said:
The easement was for the benefit of the neighbour and the water company - not the land owner having the pipe under the ground.
Except farmers get money for easements - often paying more than the farming does....2. Who pays for an easement, is it the person who benefitted from it or the utility company?
2 the person benefiting, we get annual way leaves from likes of electric co & lump sum payments for big projects giving access for 100yrs type thing
My house has two easements
1)A sewer pipe running under my garage from neighbour's house to the main public sewer at the end of my driveway, the neighbour has the right to access my land should the sewer need repair but HAS to make good any damage to my property.
2) The end of my driveway has an easement to pass and repass approximately a 6'x15' part of my driveway to make it easier for the neighbour to access their driveway, however in the deeds of both properties it explicitly mentions that the neighbour is liable for 50% of all repairs and maintenance to that area of my driveway as long as the work is not betterment of it. e.g. replacing the concrete surface with some fancy block or cobble paving...
It's not caused any issues in regards to buying or selling of either house, but I'd rather not have my neighbour having these rights as he's proven himself to be a
of the first order since he moved in a few years back...
1)A sewer pipe running under my garage from neighbour's house to the main public sewer at the end of my driveway, the neighbour has the right to access my land should the sewer need repair but HAS to make good any damage to my property.
2) The end of my driveway has an easement to pass and repass approximately a 6'x15' part of my driveway to make it easier for the neighbour to access their driveway, however in the deeds of both properties it explicitly mentions that the neighbour is liable for 50% of all repairs and maintenance to that area of my driveway as long as the work is not betterment of it. e.g. replacing the concrete surface with some fancy block or cobble paving...
It's not caused any issues in regards to buying or selling of either house, but I'd rather not have my neighbour having these rights as he's proven himself to be a
of the first order since he moved in a few years back...Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff