Moving neighbours electricity supply cable

[mufasa120]

I’m going to build an extension to the rear of my house. I live in a semidetached house and there are about 5 pairs of semidetached homes in a row. Currently the electricity cable runs across the rear of my house and goes to other neighbours. The electricity supply for my property comes from underground. I going to build an extension to the rear of my house, were the electricity cable currently runs.
I have no problem with the cables using my property but I don’t want to cough up a huge cost to reroute electricity cables which I don’t need or use. Is there any way I can avoid paying to have the cables rerouted without cost or at least at a reduced cost.
Should I approach my electrical company who is responsible for the cables is Electricity North West. Not sure if they are approachable or just take every opportunity to make money.
Should I write and say “I am withdrawing the permission for the service connection from my premises to other neighbours” or should I go down the wayleave reroute, not sure if it would apply in my case.
Any advise, feedback or similar experience would be helpful.
Thanks

 

[westie101]

If there is no need to move your supply cable, this work should not be chargeable. (is it underground?)

Talk to them first and if they start getting silly withdraw permission for the cable to be there (there is probably no legal right for it to be there in the first place)

If there is a wayleave for it (which could be with the deeds) there is a procedure in it for this case

 

[mufasa120]

Yes the cable will have to be rerouted, as they are currenlty run on of rear my house, by wall clips. They run above ground, just underneath my windows.

Not sure how the electrical will be supplied to the other neuighbours if I withdraw permission??

 

[westie101]

Ring 0871 687 0501, make sure you keep a record of who you talk to and keep us informed

 

[mufasa120]

Thanks for the number will call and keep you posted.

 

[Stoday]

The right to supply your neighbours would be by:
a) Covenent (which may be implied)
b) Wayleave (for which you should be receiving an annual payment)
c) Easement (which you can't wriggle out of)

Sounds like you were not the house owner when the electricity supply was connected, so the covenent won't have been made with you therefore it's not enforceable. Give notice

You can terminate a wayleave, typically with six month's notice. You should have details with your deeds and your solicitor should have brought it to your attention when you bought the house.

 

[bernardgreen]

Sounds like you were not the house owner when the electricity supply was connected, so the covenent won't have been made with you therefore it's not enforceable. Give notice

If the covenant includes the words " and sucessors in title " or similar then it is enforcable on all present and future owners of the property.

 

[Stoday]

If the covenant includes the words " and sucessors in title " or similar then it is enforcable on all present and future owners of the property.

It's not as simple as that.

Covenants are enforceable by the covenantee against the covenantor – even after the covenantor has disposed of the land. For example:

If A covenants with B to maintain a fence then the obligation can be enforced by B even if A moves on.

If A sells to C and C fails to maintain the fence B cannot sue C. He can however sue A. A will have taken an indemnity covenant from C (the words "and successors in title"). Therefore, if A is sued by B, A can join C in the action. This is the theory. Of course the more time passes the more chance there is that A will be untraceable or have dropped dead. The chain of indemnity can be quite long when C sells to D who sells to E and so on. Thus the chain of indemnity may be broken. For all practical purposes when the covenantor moves on the covenant becomes unenforceable

 

[bernardgreen]

If A sells to C and C fails to maintain the fence B cannot sue C.

According to my legal advisor enforcement is possible against C if C fails to comply with the covenant that forms part of the deeds of land we sold to B and which has since be sold twice.

It might be how you described it if the covenant is not part of the deeds of the property.

 

[Stoday]

According to my legal advisor enforcement is possible against C if C fails to comply with the covenant that forms part of the deeds of land we sold to B

Yes, but the point is, enforcement by whom?

The answer is B, not you. You have not covenented directly with C and therefore you can't sue him. Only B can do so (if C bought from B).

However, you did covenent with B so you can sue him; B has not discharged his obligation to you even though he's sold the land.

 

[bernardgreen]

Yes, but the point is, enforcement by whom?

The answer is B, not you. You have not covenented directly with C and therefore you can't sue him. Only B can do so (if C bought from B).

However, you did covenent with B so you can sue him; B has not discharged his obligation to you even though he's sold the land.

We have a problem with a person not complying with a covenent and the advice we have been given is as follows. ( the advisor is a senior partner in a law firm dealing with property and land )

If the present owner does not comply with the covenents in the deeds then any interested party can apply to the courts for an injunction that requires the present owner to comply. Unless the convenent is judged by the court to be un-reasonable the injunction will in almost all cases be granted. Failure by the present owner to comply with the injunction will put him in contempt of court.

What happens in the OP's case depends on how the covenent is worded.

When you buy a property with covenents in the deeds then you accept the covenents as being part of the property that you have purchased and therefore are required to conform to the requirments of the covenents.

That is not the same as a covenent, wayleave or contract that is not included in the deeds of the property when purchased.

 

[mufasa120]

Woo a little bit heavy, but thanks for the reply. OK I've have upload some pics follow link: //www.diynot.com/network/mufasa120/albums/

Ok I've got in contact with Electricity North West and completed an appliction form. They can only comment once a site visit has been done. Waiting for a reply.
Will check my deeds and see if I can find any thing that say this, thats if it's in plain english.
Thanks

 

[westie101]

Ah yes, mural wiring, comes onto/off your house to the right via a "slack span" (not tensioned) crosses your house and on down the row.

When I did this sort of work I never charged to move it as you could require it's removal and thus cost us more money.
I was also rare that there were/are any covenants or deeds to allow it to be there.

 

[mufasa120]

Lets hope Electrcity North West have the same view.
Would they run a new route around the extension or would they just run it in the loft??

 

[westie101]

As the extension is built, I would recommend it is built over the existing cables (leave 1/2 brick out where it enters & leaves the extension, this makes it easier to cut later), once up to full height they should then re-route it around the extension (no cables allowed to run through buildings)