Property development and utilities—necessary rights and impact of existing cabling

Copyright © 2025 LexisNexis

Published by a LexisNexis Property expert

Practice notes

Property development and utilities—necessary rights and impact of existing cabling

Copyright © 2025 LexisNexis

Published by a LexisNexis Property expert

Practice notes

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Securing necessary easements over third party land

Where third party land intervenes between a new development and the public highway, most developers are aware that they will need to secure a right of way over the third party land in order to access the development.

It is important that easements required for utilities and services are not overlooked. Where land is sold in parts, the supply of essential services to the new development depends on the effective grant of easements over any land in third party ownership.

The utility provider’s rights

A utility provider may have a choice whether to acquire a private easement to lay and maintain facilities across other land, or to rely on statutory rights (for example under the Water Industry Act 1991 or the Electricity Act 1989—see Practice Note: Statutory wayleaves and rights of access).

Where a private easement is granted, it is not necessarily essential that dominant land is identified in the usual way: the statutory undertaker itself can constitute the dominant tenement. See News Analysis: Water

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Jurisdiction(s):

United Kingdom

Key definition:

Right of way definition

What does Right of way mean?

An easement conferring a right to travel across land.

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