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. 

[trigger_andy]

14 minutes ago, Dan Maynard said:

Other thing with them across your land, if he sells to someone unreasonable then the problems down the line could be worse. Likewise if you wanted to sell for any reason a buyer might be put off and then it's cost you more than £15k.

Well this is very true. Its not really land I use other than parking when we have a load of guests over. (not often) And when Im reversing my logosol Bandsaw Mill back into the Parking area. 

 

It might put people off buying but as its so far from the house Im not sure anyone would be overly bothered with it being there? But it might hinder erecting a new fence, as the old fence is now no longer the boundary, its 500mm closer to me. And the old one is knackered. 

[eggsarascal]

8 minutes ago, trigger_andy said:

No tree's died then?

Not in the time I was there, but I ask ya, you've been told what my plans are for next year, then go ahead and plant young fruit trees where the new fence is going, some people beggar belief. They were really decent neighbors, he did all the electrics when I put a new kitchen and bathroom in... common sense, I had working Springers with more.

[openspaceman]

30 minutes ago, mr kipling said:

When we ran utilities across some land we owned but planned to sell we had to have a legal agreement drawn up. It may have been called a way leave agreement, it was a few yrs ago but solicitor insisted on it as the owners of the new house we built may need access to their services running through their neighbours driveway

Generally where the utility is to supply more than one other property the utility will require an easement, this gives them more rights than a wayleave and will prevent any building or other works which might impede the utility on the land, it is irrevocable.

 

As the properties are so recently sold there should be details of what rights went with the properties, rights can be quite specific

[waterbuoy]

Hmmn, the more I think about this the more I think you need to 'defend' your position. 

 

What would concern me (amongst other things) is the increase in traffic that will arise from the conversion of the barn to a holiday let.  Assuming that they have full PP and have the 'change of use' sorted with the localauthority, what do the deeds say with regard to useage?  I know you have already answered my earlier point about this, but there can often be a clause about 'reasonable use' or similar.  (For that matter, do they include business use?)

 

The idea of gates is, I think, sensible - it will make them (and holiday guests) think twice and, provided they are not locked, will still allow them to use the route if necessary.

[trigger_andy]

9 hours ago, waterbuoy said:

Hmmn, the more I think about this the more I think you need to 'defend' your position. 

 

What would concern me (amongst other things) is the increase in traffic that will arise from the conversion of the barn to a holiday let.  Assuming that they have full PP and have the 'change of use' sorted with the localauthority, what do the deeds say with regard to useage?  I know you have already answered my earlier point about this, but there can often be a clause about 'reasonable use' or similar.  (For that matter, do they include business use?)

 

The idea of gates is, I think, sensible - it will make them (and holiday guests) think twice and, provided they are not locked, will still allow them to use the route if necessary.

I'll do some more digging.  I did raise this concern with my own solicitor but she gave me the impression that that's just the way it is. 

 

If I put the gates up they still have the legal access. Seems like three sets of gates within 100m in England is not allowed, but there does not seem to be a case on this in Scotland. But Im only wanting gates at the start and end of my property. The neighbors are not impressed with this at all. They think its a hindrance to their business, ie the barn Conversion and the Wife's Art Studio and also a hassle for their own daily access. But within a year my small drive is going to be very busy with all sorts of folk I dont know coming up and down my Drive. I feel that everything will have to be locked down all the time. Maybe my stuff should be better locked down but we dont really have any issues where I live, but I dont want to advertise what Ive got to anyone who's passing. 

 

They still have their own drive of course. But the Drive is narrow and cars coming and going will run into each other. So I see why they are so adamant to keep a one way system. The threat of installing gates seems to be keeping them in check right now. But who knows what they have brewing, without a doubt they will be investigating their legal options. 

 

A potential option would be to install automatic Gates. I said to him that was the plan all along, and it was till I see the price of they systems. So potentially Id only install at the Road Entrance and if they want another to access their property more conveniently they can pay for the other. My Brother raised a concern of Automatic Gates and small children though. So might have to re-think that.

[rapalaman]

A small gated community I do the grounds maintenance for have automatic gates - they’ve had loads of trouble and expense with them. The last repair bill was in excess of 4K so I’d say manual gates are the way to go