New House, No supply to garage

[monkeyhanger]

Just after some brief advice having never worked on a newbuild estate-

A friend has just bought a house (Bellway), the house is end terrace. The setup is this-
(Their House)(Next door)(First floor flat, with 3 garages underneath).

The three garages underneath the first floor flat are as follows-
(Middle houses garage)(Flats garage)(Friends garage)

They werent shown in the garage that belongs to their house when viewing their house, but the other garages which had an electricity supply, being next door to the house they belong to or underneath the flat they belong to.

My mates house is the far left, and the garage that belongs to their house is at the far right. The builders have told them they can't have a supply to their garage as the cable would need to pass through the house next doors property, then underneath the first floor flats drive, to reach it.

Where would they stand if they demand bellway install a supply but bring it to the pavement outside their property along to their drive and underneath that up to their garage, going around the boundary of the neighbours properties? The pavement currently isn't a finished pavement and the rest of the houses down the street are still just a shell.

Bellway have suggested that they would get another supply installed feeding only the garage, however I've advised the mate to accept that as a last resort as they would have two standing charges to pay.

 

[monkeyhanger]

I found a similar topic on another forum. The garage in this topic (newbuild) was down the end of the garden, & over a communal path. The garage was part of a block of 3 garages with a flat above. The advice given on that forum was-
"
You need to act NOW and fast before the development is finished

First you need to negotiate with the builder or land owner for him to grant you a right of servitude for you to run a cable under all and any land needed to get from your house to the garage. Get your solicitor involved in that, and make it a condition of the house purchase that such rights are included."

Unfortunately, the house next door to my mate has completed. The flat remains unsold.
I wonder if its too late!

 

[rolyberkin]

I found a similar topic on another forum. The garage in this topic (newbuild) was down the end of the garden, & over a communal path. The garage was part of a block of 3 garages with a flat above. The advice given on that forum was-
"
You need to act NOW and fast before the development is finished

First you need to negotiate with the builder or land owner for him to grant you a right of servitude for you to run a cable under all and any land needed to get from your house to the garage. Get your solicitor involved in that, and make it a condition of the house purchase that such rights are included."

Unfortunately, the house next door to my mate has completed. The flat remains unsold.
I wonder if its too late!

Is this is Scotland as a right of servitude is Scottish law, the problem is with crossing peoples land is that they need to give permission it isn't a given that they have to. In the UK I think it is called an easement or way leave, my nephew had a similar issue where he had a cable going through his roof to serve another property. He didn't want it there and withdrew the permission and got it moved.

This generally is a nightmare legal issue and the concept of running cable through someone elses' house is a non starter IMHO, probably one the developer is not going to be that worried about solving either due to the legal costs involved. If your friend can get the ebico zero rated standing charge supply and a bit of compensation it will be the path of least resistance!

The developer can't just run a cable along the footpath if it is going to be an adopted road so it will have to be a supplier making a connection to the supply and a different cutout.