Gas Networks and "grant of easement"
bluesky
a neighbour is trying to get a gas connection to his property.
This means the gas network people have to dig up the road, which is
unmade & un-adopted, over which all residents have the usual rights of
access.
the gas utility people have supplied the neighbour with:
(a) a map of the location showing a red line for the existing supply
pipe and a yellow line for the proposed new pipe to his property.
(b) a pre-printed form to be completed by all residents which reads
as follows:
---------start of document
Form of Consent - Gas Pipe - England & Wales
I/we --------------(fill in the blank space)
of ----------------(fill in the blank space)
give permission for the laying by xxxxxxxx Gas Networks Limited of a
32mm diamter gas pipe(s) through land in my/our ownership, in the
approximate position shown by red lines on the attached plan number
xxxxxxxxxxxxxxxxx and dated (day-month-year) for the purpose of
providing a supply of gas to the premises at : [address of neighbour]
I/We also agree that future access shall be granted to xxxxxxxx Gas
Networks Limited for the purpose of carrying out any inspection,
maintenance, repair or renewal of the said gas pipe(s).
I/We also agree (if so required by xxxxxxxx Gas Networks Limited) to
enter into a deed of grant of easement in the form attached hereto
which will contain reasonable provisions to protect the gas pipe(s).
Dated------------(fill in the blank space)
Signed ------------(fill in the blank space)
The map attached also has a “text box” which reads as follows:“Consent
Drawing” for the landowners signature
Name------------(fill in the blank space), Signature------------(fill
in the blank space), date------------(fill in the blank space).
--------------end of document
Questions
(1) is this usual ??
(2) the map shows the EXISTING pipeline in red, the “proposed”
pipeline in yellow, the “Form of Consent” document refers only to a
red line?? So what am I actually agreeing to ??
(3) I appear to be agreeing to “a deed of grant of easement” ??? wots
that then when it’s at home ????
(4) “which will contain reasonable provisions to protect the gas
pipe(s)” AHEM, what about some reasonable provisions to protect my
property against actions by “xxxxxxxx Gas Networks Limited” ????
(5) “deed of grant of easement in the form attached hereto” nowt
attached except a map ?????
Do I run up a bill with my solicitor over this ?????
====
Cheers
“a simpleton”
A.Lee
> a neighbour is trying to get a gas connection to his property.
> the gas utility people have supplied the neighbour with:
> (a) a map of the location showing a red line for the existing supply
> pipe and a yellow line for the proposed new pipe to his property.
> (b) a pre-printed form to be completed by all residents which reads
> as follows:
> (1) is this usual ??
> (2) the map shows the EXISTING pipeline in red, the "proposed"
> pipeline in yellow, the "Form of Consent" document refers only to a
> red line?? So what am I actually agreeing to ??
> (3) I appear to be agreeing to "a deed of grant of easement" ??? wots
> that then when it's at home ????
> (4) "which will contain reasonable provisions to protect the gas
> pipe(s)" AHEM, what about some reasonable provisions to protect my
> property against actions by "xxxxxxxx Gas Networks Limited" ????
> (5) "deed of grant of easement in the form attached hereto" nowt
> attached except a map ?????
It is usual for unadopted roads.
Usual Council owned roads are governed by a collective agreement where
the utilities are allowed to do any work with just a short letter/form
to the Council, and emergency works are done without informing the
council.
This is all the form is asking you for, as you own part of the road,
they dont want to ask your permission if they ever need to dig up the
road to repair/replace a pipe.
It should not be any problem at all for you, it is just a form saying
"yes you can come on our land to repair your pipe".
Alan.
--
To reply by e-mail, change the ' + ' to 'plus'.
Ben Harris
bluesky <kl_blue...@altavista.com> wrote:
>(3) I appear to be agreeing to "a deed of grant of easement" ??? wots
>that then when it's at home ????
An easement is a right to do something on someone else's land. As I
recall, easements run with the land, so this means that the gas company
keep the right to maintain the gas pipe even if you sell the land. The
rights of way you have over the private road are a similar kind of
easement.
If this were a public road, then both the rights of way and the gas
company's right to lay and maintain the pipe would be governed by
general law rather than by easements.
--
Ben Harris
andrew
Yes normally when the gas supply for a property needs to come from the
highway through land not owned by the property being supplied.
> (2) the map shows the EXISTING pipeline in red, the “proposed”
> pipeline in yellow, the “Form of Consent” document refers only to a
> red line?? So what am I actually agreeing to ??
Is the proposed pipeline in yellow wholly within the boundary of the
property being supplied?
My guess is the pipe was laid in the road before gas companies had to worry
about wayleaves, they may have acquired a prescriptive right for the pipe
to be there but possibly cannot prove it so don't want to be left in a
position where they are contracted to supply gas and a third party could be
in a position to stop the supply.
BTW the chance the pipe is where the red line is shown is unlikely, gas
pipes in roads are seldom where the gas company thinks they are, the chap
digging for our connection pierce the 32mm medium pressure main.
> (3) I appear to be agreeing to “a deed of grant of easement” ??? wots
> that then when it’s at home ????
It gives them a right in perpetuity to keep and maintain the pipe under the
road, in our case ( for an electricity supply), we had to pay a solicitor
500 quid and have the agreement of our mortgagor. It gets registered on the
deeds. In your case they probably don't have to as they don't know who owns
the road??
> (4) “which will contain reasonable provisions to protect the gas
> pipe(s)” AHEM, what about some reasonable provisions to protect my
> property against actions by “xxxxxxxx Gas Networks Limited” ????
> (5) “deed of grant of easement in the form attached hereto” nowt
> attached except a map ?????
>
> Do I run up a bill with my solicitor over this ?????
Probably wisest, the electricity company isisted we used ours but then all
the work was onto our land.
AJH
Percy Picacity
news:0c73f40f-4070-46e6...@16g2000yqy.googlegroups.com
:
> Hi There
>
> a neighbour is trying to get a gas connection to his property.
>
> This means the gas network people have to dig up the road, which
> is unmade & un-adopted, over which all residents have the usual
> rights of access.
>
> the gas utility people have supplied the neighbour with:
> (a) a map of the location showing a red line for the existing
> supply pipe and a yellow line for the proposed new pipe to his
> property. (b) a pre-printed form to be completed by all residents
> which reads as follows:
snip details
Provided the pipeline doesn't run under your garden it seems entirely
in your interests to ensure that it can be repaired in the future. My
only question would be whether the gas company have or are accepting an
obligation to make good the road when they dig it up. Again, provided
that it is just the road involved, I don't think there is any point
paying a solicitor. In fact, I am fairly sure the gas company have a
right to access the pipe in an emergency anyway. IANAL.
--
Percy Picacity
RobertL
> Hi There
>
> a neighbour is trying to get a gas connection to his property.
>
> This means the gas network people have to dig up the road, which is
> unmade & un-adopted, over which all residents have the usual rights of
> access.
Does the proposed trench run within 3m or any building or wall? If so
they might need some "party wall act" agreements as well. If the
buildings are old (with shallow foundations) then digging a trench
close to the wall could lead to problems.
I knew someone who had exactly that happen, they dug a trench about
1m from his gable wall top put a gas pipe in. cracks started
appearing inside the house.
Robert
Graham Murray
> My only question would be whether the gas company have or are
> accepting an obligation to make good the road when they dig it up.
And having dug the hole, to make the repair and close it in a timely
manner. Around here the gas networks went through a phase of digging
holes and trenches and leaving them open for several weeks, in a few
cases closing sections of road for up to 2 months.
David McNeish
> (5) “deed of grant of easement in the form attached hereto” nowt
> attached except a map ?
That's the frequently-encountered legal principle of a "cock-up". Just
ask them for it. It might help to answer your point (4).
Strictly speaking anybody with a mortgage should also be seeking the
consent of their lender to the grant of the easement.
> Do I run up a bill with my solicitor over this ?
Only after somebody else has agreed to pay for it. Which is quite
normal.
bluesky
> > Do I run up a bill with my solicitor over this ?
>
> Only after somebody else has agreed to pay for it. Which is quite
> normal.
Well, called my solicitor, who did the orginal conveyancing etc when I
bought the place. He suggested some alterations to the document
(removing all references to the ownership of land and the easement)
and to add something along the lines of: "the land in question is not
owned by myself nor included in the deeds of "my property" and such
deeds only contain access rights to/from "my property" over that land.
His opinion was that they've got completely the wrong idea of the
situation and they should actually be doing something else.
And after I gave him a solemn undetaking to check out some pubs in the
national park & report back in time for his summer holiday walking
tour, he declined monetary remuneration!
Michael Chare
> Hi There
>
> a neighbour is trying to get a gas connection to his property.
>
> This means the gas network people have to dig up the road, which is
> access.
>
> the gas utility people have supplied the neighbour with:
> (a) a map of the location showing a red line for the existing supply
> pipe and a yellow line for the proposed new pipe to his property.
> (b) a pre-printed form to be completed by all residents which reads
> as follows:
>
> ---------start of document
>
Who owns the road? I would have thought that only the road owner would
have had to agree.
If you do have to agree, then I would include a something to say that
the road is reinstated to it previous condition just before any work is
done.
IANAL
--
Michael Chare