New owners demanding access

[kstar74]

I live in a small dead end terrace where most of us own our houses. The road is unadorned and in the deeds to each property we own the land up to the middle of the road outside our own house. Last year all 23 houses on the street contributed to having the road relaid and new pavements/ kerbstones fitted.

A property company has acquired one house on the street after the owner went into a nursing home. They are demanding the right to dig up the entire length of the road to allow them to give gas access at the property - the rest of us have gas but that property hasn't been renovated since the 30s. We have objected and refused our mutual consent to the gas board; as a consequence they have withdrawn. However the property firm have now contacted us saying this is essential works and will be done in spite of our objections. In addition to the inconvenience (eg expecting us not to park on our own street, the mess etc) they are not prepared to restore the road to the state it is in and will only patch it. This also invalidates the warranty we hold collectively for the work that was done last year.

We are all really upset by this but have no idea if we have any legal grounds to object?

[PaulR986]

Re: New owners demanding access

They are demanding the right to dig up the entire length of the road to allow them to give gas access at the property - the rest of us have gas but that property hasn't been renovated since the 30s.

If the rest of you have gas then surely there is already a main running the length of the street. It might be worth contacting the gas company yourself(ves) to see if it would really be necessary to do the work described.

[Ripped-Off]

Re: New owners demanding access

1) Does it say in your deeds that you own the land up to middle of the road?

2) Are you all legally tied into the upkeep of the road or is this just a good faith agreement between neighbours?

[kstar74]

Re: New owners demanding access

Thanks both of you for your replies.

Each of us has checked our deeds and yes we absolutely own the land outside our own houses up to the middle of the road. We have managed to have a conversation with the gas board directly and found someone more helpful; they claim they had no idea there was a dispute. The property company who have purchased the house told them they had consent from us, which they don't!

The road is unadapted so last year we all clubbed together to pay for it to be completely relaid, at a cost of £1000 per property. There is no legal contract as such, we just paid for it communally. However, the gas board have confirmed they would need to dig up a considerable amount of the road to join the pipe at an appropriate place to ensure high enough pressure. They have also said they only patch the hole.

[Ripped-Off]

Re: New owners demanding access

Ahh, now I understand.

Originally I thought this may fall under the Access to Neighbouring Land Act 1992 but I do not believe a highway is classed as land.

Also, not sure whether the New Roads and Street Works Act 1991 applies in this case. It's a long statute but it may have some relevance.

Lastly, if the gas board are not carrying out maintenance and are acting purely as a commercial contractor, then surely if they start to dig up your land and the land of your neighbours then wouldn't that be classed as trespass? If it is, then it seems plausible that you could apply for an injunction to stop the work going ahead.

Thoughts anyone??

[des8]

Re: New owners demanding access

In any case doesn't the access to neighbouring land Act only refer to the maintenance, repair and preservation of what is already present?

This link might be of interest:
http://www.thelawforum.co.uk/dispute...asement-rights

AND ALSO:
commercial pipeline operators (both oil and gas) are governed by the Pipelines Act 1962. They must negotiate with owners before seeking compulsory powers to enter land. In most cases they are likely to offer higher rates than are payable under statute or are paid by National Grid Gas under the national agreement so that they can rapidly get your agreement to have pipes across your land.

[kstar74]

Re: New owners demanding access

That's all really interesting thanks so much to everyone who's taken the time to reply so far, I very much appreciate all the advice and the link to a similar thread was also helpful.

One of my neighbours has now managed to speak to the gas board direct and they are being so much more reasonable than the property company, who have resorted to threatening letters (in atrocious grammar but that's by the by). The gas board were of the impression that permission had already been sought and granted (the property company told them they had addressed us all in writing and asked us to come to them with any issues; they didn't, they wrote to us telling us it was happening and we had no legal right to object).

The gas board have offered to send a project manager to meet with the residents (without the property company) to show us exactly what needs to be done and seek our opinion. Everything you have all offered so far will help me to prepare for that meeting, so thanks once again.

Any more advice, links or helpful reading would also be gratefully accepted.