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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have new neighbours, the joint property layout is unusual.

Customer Question

Hello I'm Andrea. I have new neighbours, the joint property layout is unusual. Their house is one side of our property but their garden in the other side. In their title deed it states there is a right of way over our front garden. I am wondering what rights this confers to them, for example could they lay electrical or sewage pipes across our front garden to say connect a cesspit in their garden to their house?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

A right of way is merely a right for the neighbour to physically cross your land, and does NOT extend to them being able to lay any services, or for any services or other objects to remain fixed on your land.

Deeds do sometimes grant a neighbouring property the right to lay services over a third party's land, and you should double check your Deeds to see if there is such a right.

I hope this sets out the legal situation, but please let me know if I can clarify anything further.

Kind Regards

Al

Customer: replied 1 year ago.
Hino that's helpful. their deeds actually say that they "have the same right of way as at present enjoyed between the two said pieces of land". there are currently no pipes laid etc, and when we bought the house the vendors were very clear that it was only used by the neighbours as access to their gardenIs there anything in the Neighbouring Land Act that could force us to let them lay utility pipes on our land if it is deemed reasonable?thanks
Andrea
Expert:  Aston Lawyer replied 1 year ago.

Hi Andrea,

Thanks for your reply.

Unless there are existing pipes which need replacing, your neighbour has no legal right to lay any pipes on your land, whatsoever, unless they have a legal right written in the Deeds to do this.

The Right of way clause does not give them this right and nor does the Access to Neighbouring Land Act- this Act only permits a neighbour to gain access to adjoining land to carry out essential repairs.

If your neighbour is desperate to lay pipes etc, they would therefore need to gain your consent and for you to grant them a legal right to do this, by signing a document granting them such a right, for which you would be entitled to charge them a sum of money for the bother (if and only if you were willing to grant them such a right)!

Hope this helps.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi Andrea,

Can I assist you any further?

Kind Regards

Al

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