Planned utilities.

[trigger_andy]

So Im having a discussion with my neighbour and some of you guys might be able to help.

 

My neighbour and I share a Driveway. I own part of it and he owns the rest. He was under the impression he owned all the Driveway but has accepted (after some legal advice) that he does not in fact own the section I have said all along is mine. Anyway, as he thought he owned my section of the Driveway, and the small strip of land on the other side of the drive closest to his property he planned on running utilities, ie Water and Electric from the Main Road up to the Barn Conversion he is doing along side the Driveway he now accepts is mine. He is still under the impression he is still running his utilities here but knows I have reservations. He only informed me he intended running his utilities over my land when he seen me digging a hole to install Gate posts. He said I cant install Gate posts there, there thats where he'll be running his utilities. 

 

The Brown section is my Drive (and strip of land) and the Blue Section is teh same drive, just his section of it. 

 

The strip of land he is planning on installing the Utilities (1 meter deep) is sandwiched between the Driveway and some tree's. These tree's are 2 meters away from the driveway. The Trees are a mix, including some Scots Pine and sycamore. The Scots Pine has to be 50-60 feet. As he thought the land was his he had no intention of informing me of this. But obviously now he has.

 

The Trees themselves are smack bang on the Boundary line. We've not even looked into ownership yet. 

 

My (long winded ) question is; Is there a danger in digging a 1 meter deep trench along a row of trees within 2 meters of them now or in the future? Would this cause the trees to be significantly weakened and have a real potential for them to blow over? Or die? If they fell they would easily fall on my house, and theirs depending on which way they went of course.  Basically he wants to sink his utilities roughly where that 8" Oak Post is now. 

 

In the plan below Ive drawn (badly) in Yellow where he plans on running the utilities. The Black dots are kinda where the trees are. 

[benedmonds]

It can be done, but if done without care all your concerns are valid..

NJUG_vol_4_issue_2.pdfNJUG.pdf

[JSN]

Now then - the proposed route will definitely be detrimental to the trees.  Unfortunately it can take up to 10 years for the full effects of root damage to be seen in the crown.  
It’s obviously the cheapest / easiest route for your neighbour but not the best for the trees. 

If none of it is his land, I would politely suggest he reconsiders - perhaps taking then up his own drive. (Marked blue rhs of pic if I’ve understood correctly).

[trigger_andy]

It can be done, but if done without care all your concerns are valid..
NJUG_vol_4_issue_2.pdfNJUG.pdf

Thanks for that. Some good reading and ammo.

[trigger_andy]

Now then - the proposed route will definitely be detrimental to the trees.  Unfortunately it can take up to 10 years for the full effects of root damage to be seen in the crown.  
It’s obviously the cheapest / easiest route for your neighbour but not the best for the trees. 
If none of it is his land, I would politely suggest he reconsiders - perhaps taking then up his own drive. (Marked blue rhs of pic if I’ve understood correctly).

I assumed it would cause damage. If I’m pushed into accepting this to go ahead (for whatever reason) is there any precedents in place for demanding some form of written liability due to damage caused by these trees falling in the future?

It is the cheapest and easiest route. Especially considering they thought it was their land and my consent was not needed.

He mentioned taking the utilities the long way around. As you mention up the blue section of the drive and around the back of his house to where the yellow line terminates. He was clearly not wanting to do this and seemed adamant he was still planning on going the way he planned.

I’m assuming he can’t force access over my land to instal his utilities? We’re in Scotland, if that makes any difference.

Things have now gotten quite frosty between us. They have lost what they thought was their drive and also had to move their boundary at the rear of the property nearly 3 meters back towards their property because they read their deeds wrong. I suggested we get a surveyor in but they refused. In the end their own solicitor told them they where wrong.

I’ve held off installing the gate posts at their request as they are vivid at the thought of having to use a gate to access their property via my drive. They tried to say it’s not legal to have two sets of gates within 100m of drive. But it turns out in England you can’t have three sets of gates within 100m and there is nothing in Scottish law that states this.

He gave me a vailed threat regarding how many trees I’ve removed from my property as well. ? Mostly Spruce and some small spindly Cherry, Beech and Birch. Asked if the council know I’ve removed them. I told him I’m allowed to remove 5m3 a quarter and have it all logged. But I know he’s gonna raise this again. What I’ve removed during the last 5 years is certainly within this amount.

[waterbuoy]

I'd be suggesting he runs it under his drive at this point.  If relationships have already deteriorated it will only get worse going ahead with his current plan.  Failing which charge him a huge wayleave rent each year!

 

PS  Don't think he can force his way under your land with utilities as there is a (presumably) viable route under his own driveway, albeit more expensive.

 

PPS  Don't actually see why he needs to use your driveway at all.  Can you not close it off and thereby force him to access from the eastern part, or do the deeds allow him to use it? 

[benedmonds]

He could just run it across his land, still cutting all the roots, potentially leaving your trees unstable in years to come.  There is very little you can do about it and proving it was damage caused by his utilities going in many years later is likely to be impossible...  Try and come to an amicable solution is my advice.  You dont look to have many neighbours... 

[monkeybusiness]

Can you not offer him an olive branch and let him run it under your drive? Root damage would be minimal, you would get a resurfaced drive, you might become friends again? Next thing you know it’s keys-in-a-bowl time etc etc.

[eggsarascal]

Can't help with the tress but can't he tap into his own water supply even if it does mean putting in a break tank and booster set. Then thrust bore for the power supply, much less intrusive.

[Stubby]

Reminds me of the problems old John ( Mendip logs ) used to have with his " shared " driveway . Bloody nightmare .

[eggsarascal]

5 minutes ago, Stubby said:

Reminds me of the problems old John ( Mendip logs ) used to have with his " shared " driveway . Bloody nightmare .

You are right bud, cost him many thousands to sort it. If it was my place and viable I'd install my own driveway, still retaining my 'old' driveway.