Garage feed under neighbors drive

[m82s]

Hi chaps

A client's neighbor has given permission to pass an swa under his driveway to reach my clients neighboring semi detached garage. New build nightmare scenario with shared driveways.

An agreed level of making good the driveway shall be confirmed probably by third party as my client will be having driveway redone soon anyway.

Please can anyone confirm if this is a total no-no with legal evidence to back it up before we all start shouting the obvious bits.

I know utilities company have easement etc and the worry is if either party sells their house. Neighbor is offering signed letter from our solicitor if needs be

Cable would be in a duct in case it all goes wrong later but I'm not sure if it goes as far as deeds on property etc.
We were told to clear it down side of his garage too but I think it's an awful idea and longer run than to put duct in.

Aico drain affair paid for by us across both driveways as an access solution was mentioned. It wouldnt be used as a drain intentionally

Regards

 

[The Ghost]

I think the clue is in the term "shared driveway". This may well mean there are existing easements or a specific covenant which allow mutual use of driveways for services. I think also it may well be an implied covenant in any event. A quick call to the conveyancer should be able to settle it? I must say it is mystifying as to why the drive has to be crossed as if the supply is coming from your client's abode to the clients property why on earth would it need to cross neighbouring property. Although in any event a future sale might bring up a sticking point or two. One would not just need the right to go under the neighbours drive but also any future rights to maintain/upgrade the supply or fault find in the event of problems arising.

 

[Zane.C]

I would tell your client to consult the solicitor. I'd also get a copy of everything in writing for any disagreements further down the line in regards to future maintenance and upgrades.

 

[pirate]

In many new developments there are shared driveways and services. The title deeds granted by the builders usually contain all the appropriate rights of way/servitudes/easements in relation to the properties as built, plus the usual rights of way etc for Statutory Undertakers, like water, gas and electricity supplies.
However, "as built" does not cover future additions/deviations etc. Plus the developers usually retain a right to amend the conditions where necessary.
In order to have correct use of any additional services, such as a new supply under a shared driveway, all affected proprietors have to consent. There is no way to guarantee continued use of any such new service other than to amend the title deeds, or, add a new formal agreement to the existing title deeds. The latter is the normal way. One can acquire a real right by prescription, ie 10 years open and unchallenged use,but this is hard to evidence, and as ownership may change it is a risky strategy.
This is written according to Scots law, but I believe the main elements are the same in England.
Wayleaves/easements/servitudes are commonplace problems, and a properly qualified solicitor will be able to advise and carry out the necessary work...and you have the benefit that if it all goes pear-shaped, you have recourse against the solicitor, who has professional indemnity insurance to cover this, if needed.
Get a solicitor in!
and, of course, if necessary, get an electrician in...but after the paperwork is completed.

 

[Midwest]

Yawn. Consult a solicitor, wonder how many more will post that!

 

[DPG]

Consult a solicitor.

 

[Spoon]

Consult a solicitor.

 

[Jurassic Sparks]

We had to do this a few years ago, every one was in agreement
but we did fit two small warning signs either end in case a muppet decided to dig out the underground channel
its still working ok
but I recollect the neighbours drew some form of agreement up between them

 

[DPG]

Wonder if the OP ever got this sorted?

 

[littlespark]

Wonder if the OP ever got this sorted?

He’s probably buried under the drive after getting his neighbours to pay for solicitors.

I believe if it’s a “shared” drive then either neighbour can do what they like with it as long as it doesn’t affect the other neighbours use of it.