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Submit plansWe have knocked down a bungalow we purchased on a private road and have built a new home in the form of a house, when we came to get our gas reconnected, the owner of the road is refusing us permission to dig on the verge and have the gas reconnected. They are demanding a payment and a contract that we will be liable for costs of the upkeep of the road which has had nothing done to it in ten years or more and requires a lot doing to it now. Can they deny us the right to reconnect our gas which we had for a year whilst we lived in the bungalow before we knocked it down. The owner of the private road is a building company.
Afraid they can. It is normal to ask for a payment for the access (including repairing); it is not normal to ask for an ongoing maintenance. They are trying it on; but if this is the only way to get the services to your site, they “have you over a barrel”.
I’m afraid I can’t offer a straight answer on this query, because there will be complex legal issues relating to past and current deeds of the properties involved.
However, I would expect that the old bungalow would have had various easements and wayleaves pertaining to your right to access to maintain or repair essential services to your property. If there are no rights in your favour, then they would be within their rights to charge for digging up their property. You need a solicitor to go through the deeds and establish what rights you have in this respect.
-Mike Hardwick, planning consultant and Build It expert