We have recently acquired what seem to be very nice new neighbours and they have asked if they can take a power cable beneath our drive to a part of their garden.
I have no intention of allowing them to do so (for a variety of reasons) but would like to quote some regulation which would prevent my having to turn the request down flat.
The cable would cross the mains water supply and drains at right angles
- any suggestions that my get me off the hook would be greatly appreciated.
The answer, in a nutshell, is that no matter how well you get on with them, they or you might wish to sell their/your house, and the resultant legal confusion would be in neither of your best interests. The legal fees to actually ratify such an arrangement to the point where it was easy to make the sale, would exceed the cost of routing the cable entirely through their property.
Don't let them! You'll be storing up trouble for yourself!
Err, not really any regs you can quote that would stop it outright, but some things you can bring up with them which should dissuade them.
1) You require them to enter into an agreement, to be drawn up by your solicitor, which will fully indemnify you, and which will also compensate you on an ongoing basis for allowing them to have the cable on your property.
2) You require them to have an adequate insurance against any possible damage arising to your property as a result of a fault on their cable.
3) They would be responsible for any making good in the event that they need at any time in the future acees onto your land for maintenance purposes.
4) The electrical installation must be carried fully in accordance with the current edition of BS7671 (The IEE Wiring Regs).
5) You require at their expense a check by an appropriate person (a competent electrical contractor) every 5 years to ensure the installation that crosses your property is in a safe condition.
6) Everything to be at their expense!
You need to play things nice and friendly, like 'Well, yes, I suppose we could, but have you thought about the legal implications?'
Who there, wayleave.co.uk have to say is irrelevant insofar as any arrangement between two individuals. Their business is built on the Electricity Act, 1989.
As a more general note, it's also worth mentioning that wayleave.co.uk is just a tad sparing with the facts. Naturally they have a vested interest to attract business their way, but The Electricity Act 1989 contains one very important proviso, necessary wayleaves won't be entertained where domestic dwellings are concerned!
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