Q&As

Can a right of way over land for utilities and to 'repair, maintain and renew' the services be interpreted to include the right to install services if it is found the services have not been constructed?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 01/09/2017

The following Property Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Can a right of way over land for utilities and to 'repair, maintain and renew' the services be interpreted to include the right to install services if it is found the services have not been constructed?

The answer to this Q&A depends on the true construction of the words used in the grant of the easement.

The most recent reported case in this area is Potel v Yeung. The property in question in that case was a block of flats. By the lease of one of the flats the tenant was given ‘the free and uninterrupted passage and running of water and soil gas and electricity from and to the Flat through the sewers drains and watercourses cables pipes and wires which now are or may be at any time hereafter be in under or passing through the building or any part thereof’. The tenant was also given the right to enter onto other parts of the Building including other flats with or without workmen etc ‘for the purpose of repairing cleansing maintaining or renewing any such sewers drains and watercourses cables pipes and wires as aforesaid and of laying down any new sewers drains an

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