In recent press reports, developers have been accused of separating social housing tenants from wealthier home owners by preventing them from using play areas.
A recent case highlights that developers must be aware of the requirements of statutory undertakers for providing service connections.
A developer was granted an express easement to lay and use services over adjoining land. The electricity supplier, EDF, refused to make the connection unless the owner of the adjoining land granted EDF a separate express easement.
The developer argued that his easement included not only the express right for him to lay and use conduits but also an implied obligation on the land owner to grant an easement to EDF to make the connection for the electricity supply.
The court rejected this argument.
The case serves as a useful reminder that rights to lay and use services must be looked at very carefully to ensure they are sufficient.
Please contact the Property Development team if you require any further information.