Clarifying legal stance

[sarsons]

Hello,

I wonder if i can pick someone's brains, got a bit of land, we have 12ft access across someone elses land.


in the TP1 the wording for 12.3 please see attached photo

Does this mean that this benifits us as the other land?
Does this also mean we have the legal right to connect to any service's?

Many thanks

[atticus]

Which is your land? Are you the buyer or seller under this transfer.

[IdefixUK]

You need to identify the land sold (to the transferee) from the land of the transferor( the seller, who retains part of the land he had before...the retained land).

In this case the current owner of the retained land has the benefit of some rights over the land sold as written in the deeds. Para 12.3.2 reserves some rights concerning Service Media supplying the retained land (and thus any buildings on that land).
The deed does not appear to make any provision for the installation of any type of Service Media that wasn't in position before the date of the deed. If ,for example, there was an electricity cable under the ground and a water supply pipe and drains the deed deals with those. But if the owner of the retained land wants to dig it up to put in a gas main (not previously there) then the deed doesn't allow for this. In this situation the owner of the retained land should negotiate with the current owner of the transferred land for a deed to put in (and be able to maintain) the gas pipe. (This may mean the Gas supplier has to enter into a way-leave agreement with the land owner). It would be normal for the owner of the retained land to foot the legal costs of both parties.