We have just stared building an extension unaware that the gas mains pipes run the entire length of the garden (not outside my boundaries as shown in the gas utility plans). For work to continue these need to be diverted - who is responsible for footing the bill? I am unaware of any wayleave or easement allowing them to be under/on my land. Please help??
GAS MAINS ON MY LAND!!
- Thread starter Whizzkid
- Start date
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Everybody has gas pipes on their land.
The homeowner has to pay to have them diverted.
The homeowner has to pay to have them diverted.
I am not too sure about everybody having gas pipes on their land??? Most mains are placed along the highways for ease of access unless an agreement has been drawn up between the landowner and the utility provider. There has been no such agreement or I have no evidence of this on my deeds. some of the replies I have had from third parties is that the pipes belong to the utilities and therefore if they had to maintain them then they would have to put good any damage they have done to my property. The main grey area is that their plans are totally wrong although they state that they 'are a rough guide'. Surely after payinga substantial amount to an architect, site surveys, planning, building regs and employing a builder to complete the job all based on their plans being at least some part accurate I should not be liable to foot the entire bill considering that they do not have wayleave or easment giving them the righto have the pipes there in the first place!!
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I was digging a foundation for a wall on my boundary and found a gas pipe. I phoned the gas distribution company and said that I would be cutting it if they did not move it in the next hour. It took about 20 minutes for a van to arrive and the two guys cut and capped the pipe. I will not have any services under or over my property, (the important words being "my property") unless I, or a previous owner has given permission.
I'd phone the gas supplier and ask them about it and explain that it is urgent as if the extension can't be built in the right timescale there may be extra costs. Do not offer to pay to have anything removed from your property.
My builder has notified British gas and given them all the sets of plans - we are waiting a reply. I am trying to establish all the facts as I have been told that they will try to get us to pay for the diversion even if they are in the wrong. Apparently their first course of action is to deny all responsibility!!!???
I bet they have.
Usually when the gas is first supplied to the property, the contract specifies that as well as running a pipe to supply that house, they can also run other pipes. Electricity is the same.
I spent some years working for Electricity companies though, and I happen to know that most Utility companies' Wayleaves files are a complete shambles, so you could try writing to them and asking for a copy. They have probably lost it.
When you say unaware have you actually read your deeds or just don't recall it? If not you will need to.
AFAIK if there is no wayleave they have to pay for its movement or removal.
I now have my deeds and no - there is no wayleave or easement mentioned in them.
thanks fingers crossed then
thanks fingers crossed then
Not sure why such a wayleave would need to be on the deeds - it's a contract between the then owner and the utility company. This would especially apply if the gas supply was installed after the house was built.
You probably want to look at the conveyancing documentation. Did your solicitor ask the vendor a list of questions, and did that list include mention of anything like that ?
When I bought my house, I got a fairly extensive form (standard questionnaire) from the vendor, and one of the questions asks any formal or informal agreement with a third party over the land. This would cover things like the right of a neighbour to use your path to get to his garage, but I'd expect it to include things like services run through the garden. As it happens, there were several false statements in the one I got, but I didn't bother about it as I already knew about them.
So if a previous owner said there were no such agreements in place, yet there was one for the gas pipe, then in theory you'd have a claim against them. In practice that would be difficult to enforce - firstly the 6 year statute of limitations for private action would probably apply, and secondly they may be able to argue they didn't know because a previous owner didn't tell them.
You probably want to look at the conveyancing documentation. Did your solicitor ask the vendor a list of questions, and did that list include mention of anything like that ?
When I bought my house, I got a fairly extensive form (standard questionnaire) from the vendor, and one of the questions asks any formal or informal agreement with a third party over the land. This would cover things like the right of a neighbour to use your path to get to his garage, but I'd expect it to include things like services run through the garden. As it happens, there were several false statements in the one I got, but I didn't bother about it as I already knew about them.
So if a previous owner said there were no such agreements in place, yet there was one for the gas pipe, then in theory you'd have a claim against them. In practice that would be difficult to enforce - firstly the 6 year statute of limitations for private action would probably apply, and secondly they may be able to argue they didn't know because a previous owner didn't tell them.
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