One for the Lawyers

[me2]

I am in the process of building a new property, access is over a ROW and the services need to be laid under this ROW, indeed all the ducting is already in place, now the problem, the utilities are asking me for signed consent forms from the owner of the ROW.
The conveyance and deeds give me the legal right to do this, but I can see him delaying me as much as possible by refusing to sign these forms, what can I do??? advice please.

[jasandjules]

I assume the deeds of sale allow you to put access over/under/around the Right of Way (I assume that is what you mean?).

In which case a copy of the deeds of transfer/ownership stating so ought to be sufficient for the utility company. Failing that, ask the seller nicely and see what he says, he may sign them immediately?

[me2]

Thanks for the reply, I have already sent the utility company a copy of the legal documents, and they accept that I have the legal right, but are still insisting that I get his written consent, the TPI conveyance form I sent them, that gives me this right is signed by him, he has already caused a 2 year delay on another matter, so will not ,assist me in any way.

[jasandjules]

In which case I would ask the utility company on what basis do they require his approval when you have legal consent? I would be inclined to advise them that any increase in legal fees to obtain any such apparently unncessary approval will be billed to them, including any losses suffered as a result of any delays, such as interest etc..I would also phone and speak to their legal department rather than a "customer services" person who is the most likely person who is dealing with this...

I have had legal arguments with non-legal customer services of companies for weeks, then I gave up and issued proceedings, and strangely got what I was telling them I was legally entitled to very shortly after.

[me2]

jasandjules, I really appreciate your help, and I am with you, I do not understand the problem , unfortunately it is their legal dept that is asking, they say they are doing me a favour by not insisting on a formal easement,I thought this was what the legal document was.

[jasandjules]

Hmm, a document of sale of land would I assume have an easement in it already, i.e. a written down right of way over the other land to get to yours. Have you spoken to your conveyancer?

(Sorry, land law is not something I have looked at since my degree, I am ever so happy to say)

[cross-eyed-twit]

perhaps try another utility company, they are all fighting for the business