Case Study - Developer Client
The People
ABC Limited is a developer client specialising in the construction of single high quality dwellings in the price range of £500,000 - £1,000,000 either by way of replacement of an existing dwelling or by way of infil development adjoining an existing dwelling. In this instance, planning permission was obtained to erect a single detached dwelling house on land acquired from the adjoining property owners and located to the left of the existing dwelling.
The Problem
Access to the existing dwelling was obtained over a driveway which was shared with and owned by the neighbouring property on the right hand side of the existing dwelling. Access to the new dwelling would also be via this shared driveway. This in itself did not present a problem as adequate rights of way existed to use that driveway. These rights of way were, however, restrictively worded and did not include the right to lay service media under the shared driveway.
The roadway which fronted the properties had been declared a “prospectively maintainable highway” some years previously and this gave the developer the right to connect into the service media under this road. This could not, however, include the domestic water supply as the only practical route for this supply was under the shared driveway in respect of which no service easements existed.
The Solution
For reasons of timing and convenience, negotiations were commenced with the owner of the driveway for an easement to lay the water pipe under it. Although a capital payment for the grant of this right was agreed, the owners of the driveway reneged on this agreement and asked for more money. In these circumstances, and although it was less convenient, we advised the developers to have recourse to Section 45 of the Water Industry Act 1991 which places an obligation on the water undertaker to provide a connection for the purposes of providing a supply of water for domestic purposes to the new dwelling. If the correct procedures are followed the water undertaker has a statutory right to cross private property (in this case the shared driveway) to provide this connection.
As a result, the water company was paid the appropriate fee to make the connection, the new dwelling had a domestic water supply and the display of greed on the part of the owners of the driveway resulted in their receiving no capital payment whatsoever.
Who to contact
Roderick Campbell
Partner, Head of Commercial Property
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