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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7634
Experience:  28 years as a practising solicitor.
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Hi I am currently having a problem with regard to getting

Resolved Question:

Hi
I am currently having a problem with regard to getting gas installed to my property. I live in a block of ex local authority maisonettes - 3 flats below me and mine in the middle of the upper floor. All three flats on my level have bought their properties and both neighbours are refusing permission for the gas company to install the gas riser, which would go up the gable end of the block and across the front of my neighbour's property (above door level and would be approx 20' in length ie the whole of the facade of their property) before it gets to my property. This pipe doesn't enter the neighbour's property and would be affixed to the render.

My Land Certificate suggests that I retain servitude rights and the Tenements Act (Scotland) 2004 Section 19 would also appear to be in my favour. I am at a loss as to how to proceed with this matter as it seems ridiculous that I am unable to get access to a utility, which is in the street, because of my neighbours' refusal. I would have thought that in a block of flats, where by design all services and utilities are shared, each householder should have equal and fair right of access to them.

I have asked the local authority, who factor the building, for help as well as the CAB but am no further forward and am struggling to even get advice on this matter and would be grateful if someone could point me in the right direction and suggest where I could turn to next.

Thanks
Allison
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

Can you narrate for me the exact wording in your title deed which relates to servitude rights of access in relation to utilities, pipes etc.
Customer: replied 1 year ago.
Hi XXXXX don't have it to hand at the moment - I'll be able to respond later tonight.

Thanks
Allison
Expert:  JGM replied 1 year ago.
I'll look out for it.
Customer: replied 1 year ago.

Hi


I have attached the pages from the Land Certificate which I consider relevant - hopefully they are.



Allison



Page D2 Land CertificatePage D3 Land CertificatePage D4 Land CertificatePage D5 Land Certificate

Expert:  JGM replied 1 year ago.
Thank you for doing that. There is right of access in favour of the District Council for the installation of pipes etc. there is a right of access to proprietors for repair and maintenance of existing pipes, cables etc. can you specify the exact section that you think assists you here in case I have missed it?
Customer: replied 1 year ago.

I thought that the relevant clauses were 2.1.(5)(x) and 3(b)(i) and that the District Council could allow the installation through the planning process.


 


The District Council organised the supply of gas to the area within the last 18 months - there was no gas here before then.

Expert:  JGM replied 1 year ago.
The Deed of Conditions doesn't help you from a planning point of view. It only gives rights in relation to pipes etc that are already there. The Deed of Conditions is in connection with property rights not the planning process. You don't normally need planning permission to put gas into your house.

So that leaves you with the 2004 Act. That allows you to lead services over the common parts of your building therefore your neighbour cannot object if you have a valid claim under that section. It is not immediately apparent whether the Scottish Ministers have prescribed regulations under this section. I will have to look at this further for you and will do so.
Customer: replied 1 year ago.
Thanks for information. There was also a section (in D2?) which seemed to suggest that the facade of the building is common property and therefore none of us actually have a claim to it. I'm not sure how helpful that is though...

I appreciate your looking into the Tenements Act.
Expert:  JGM replied 1 year ago.
Common property means just that. The property is owned pro indiviso therefore any work has to be agreed, or voted on or proceed by way of statutory right such as the 2004 Act.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7634
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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