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Original poster

Neighbour wants to install cables under our drive

29 replies

Hernameisdeborah · 28/01/2021 08:38

Our NDN wants to have power and heating for his garage. Between his front garden and his garage is our driveway, so in order to do this, he needs to install cables that run underneath our drive - there is no other way of doing this. I have no reason to think he won't do a decent job as he's an engineer, but could anyone give some advice on this please before we give permission? Eg anything we need to consider?

OP posts:
GU24Mum · 28/01/2021 08:44

It's kind of you to consider it but that sort of thing is fraught with potential problems. Probably resolvable but need to be thought through and documented.

What if he doesn't repair the driveway as you want him to? Will he deposit any money with you to cover this?

What if he causes other damage?

What if he starts the work, then for some reason stops for ages and you're left with a trench across your garden/drive?

What if you want to redo/move your drive in the future and you damage the cables?

Will it put off someone else in the future when you come to sell?

Do you need your mortgage company's consent?

If you do want to accommodate him, you really need to have a proper licence in place - and your neighbour will need to pay your solicitor's costs for this and his own.

Happytentoes · 28/01/2021 08:46

Does he need permission from the power company ? Certification?
Will he make good the channel he cuts?
Is there anything else under there that he may disturb in his digging?
Will he mark the path so you don’t run into problems later?
Will he ever require access again?
Sorry just a stream of questions I would want answers to.

TwinMum89 · 28/01/2021 08:49

I’m a property solicitor. I would advise that you take independent legal advice because the rights to lay and use the cables need to be formally documented in a deed of easement. That document will also deal with maintenance of the cables, repair of the driveway etc. You and your NDN will need this dealing with properly if you want to sell your property in the future. You and your NDN will also need the consent of your bank if either of your properties are subject to a mortgage.

Original poster
Hernameisdeborah · 28/01/2021 09:02

Thank you all. I had reservations but being clueless i didn't really know where to start with this. When he was describing the work he made it all sound very simple but I wasn't comfortable with it. I imagined it would be a headache when we came to sell the house as well as insurance but then wondered if i was just being unreasonable after all. This is hugely appreciated, thank you.

OP posts:
Tiktaktoe · 28/01/2021 09:24

How does he get from his house to his garage? Does he have to always cross your drive?

Original poster
Hernameisdeborah · 28/01/2021 09:32

@Tiktaktoe there's a public road in front of both our driveways/ garages.

OP posts:
notacooldad · 28/01/2021 09:35

You are ki d to consider it.
It would have been an outright no from me!
Too many potential complications.

notacooldad · 28/01/2021 09:36

I meant " kind "

Longdistance · 28/01/2021 09:40

It’d be a no from me. If it’s going to cost me money in solicitor fees just so he can inconvenience me, he can jog on. He probably won’t maintain the driveway and then try to claim it as his own. No chance.

Original poster
Hernameisdeborah · 28/01/2021 09:45

Thanks, I hadn't actually even thought about solicitors' fees either. Very grateful for everyone's advice!!!

OP posts:
Herbie0987 · 28/01/2021 09:45

Contact your local council building control and ask for advice. Any electrical work has to comply with building regulations.

Changi · 28/01/2021 09:49

You could offer to allow him to run an extension lead above ground across your land when he needs power. Suitably protected.

He probably won't want to, but at least you are trying to be helpful.

Another alternative is for him to run a generator, and you probably don't want that.

Seeline · 28/01/2021 09:53

I cannot picture the layout!

Could he not run cables from the back of his house to his garage? Surely your property doesn't surround the whole of his garage?

CleverCatty · 28/01/2021 09:55

@Longdistance

It’d be a no from me. If it’s going to cost me money in solicitor fees just so he can inconvenience me, he can jog on. He probably won’t maintain the driveway and then try to claim it as his own. No chance.
From a legal perspective (worked as Legal PA) it'd be an outright no, not only in costing you money in solicitor's fees but any future issues/problems.

And you can guarantee there will be, if not with him, but if he sells etc.

TwoLeftSocksWithHoles · 28/01/2021 09:55

I believe a cable duct can be created by a 'mole' (not the animal!) so that there is no need to dig up the garden/drive.

Tiktaktoe · 28/01/2021 10:20

I wouldn't touch it. Why would you agree to putting his services on your land?
If he can get to his garage without coming onto your land he has other options available to him.

Alexalee · 28/01/2021 10:29

Why can't he go straight to the edge of his land then along the access road?
Would be a no from me

tanstaafl · 28/01/2021 11:08

Whats he putting in his garage that he can’t take the power from his house?

Chumleymouse · 28/01/2021 11:11

Ten grand in my hand and I’d let him .

ivfbeenbusy · 28/01/2021 11:17

I wouldn't agree at all

What finish is the driveway? If it's block paved they never go back completely as they were. If it a tarmac you'll always have a join which will be vulnerable to wear and tear?

What about if the cable failed or you accidentally dig through it if you wanted a new driveway?

What if he does a crap job it's going to be very very messy!

He'd need an easement over you driveway to maintain it - then when you sell the house it will be flagged up and might put a buyer off

senua · 28/01/2021 11:19

he needs to install cables that run underneath our drive - there is no other way of doing this.
Can't he do overhead cabling?

minipie · 28/01/2021 11:31

Sorry it would be no from me.

What happens any time he has an issue - he has to dig up your drive?

What if he says you’ve damaged the cables?
What if his repairs to the drive aren’t good enough?
Could put future purchasers off your house.

Also if his garage is next to your house, do you really want him using it as extra living space? What if he decides to start having loud tv or stereo music in there? What if he rents it out as a bedsit?

MagmaQuest · 28/01/2021 11:34

He pays your solicitors' fees. He has his own solicitor, you have yours and your solicitor says to his it will cost x and please provide an undertaking to pay these or the money upfront in client account.

Solicitors deal with this kind of arrangement all the time eg if a leasehold tenant wants to do something, they pay landlord's fees.

You're taking about a potentially permanent easement (I think, been a while) and as PP says, it needs sorting out in a document which is registered against both properties.

If he agrees to the above then get all this in place before anyone starts digging.

2me2u2u2me · 28/01/2021 11:43

Never would I allow a neighbour to do any works that affected my property or they needed access over it.

My partner let his neighbour, who he was really good friends with, have access to his garden to build an extension, he wrecked his front and back garden, his fence, posts, it was awful, he said he would put it all right, but then when his extension was built he didn't want to bother, my OH had to get the council involved to sort it out, but not as good as it was, and they've fallen out and don't speak anymore.

So it would be no from me and I'd use some of the pp's comments as an excuse if you feel guilty about saying no.

movingonup20 · 28/01/2021 11:50

As long as it's fine legally then I can't see the problem but it will need to be done under building control regulations which means a licensed contractor, legal documents need to be updated which he will need to meet your costs and obviously ensuring your drive is in it's original condition or an agreed lump sum if you are using this opportunity to resurface. Call your council for initial advice on proceeding and it's worth calling the power company (not supplier) to ensure they don't need to install a separate supply as the properties aren't next to each other. Another issue is covenants, we cannot do this as it's prohibited to have power in our garages - common with new builds.

But I would be sympathetic to this if all the hoops are jumped through

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