Qualified grant subject to prior consent

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smileyman
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Joined: Sat Aug 27, 2016 2:45 pm

Qualified grant subject to prior consent

Post by smileyman » Tue Sep 26, 2017 3:34 pm

Anyone got any idea over the legal implications of ' grant of rights to lay services over the designated right of way subject to prior written consent of servient owner not to be unreasonably refused'. Questions is this a proper grant of a right, can the servient owner if appropriate ask for compensation if ny laying services there is diminution in value of his land?

All contributions welcome

ukmicky
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Re: Qualified grant subject to prior consent

Post by ukmicky » Wed Sep 27, 2017 1:24 am

Lets assume its all above board and it gives you the dominant tenement a right to run services over the land ,that right does not mean the servient owner has to grant a further wayleave If the services supplier requires one. Be careful with your dealing with the services supplier and don't mention wayleave.

Is that wording on your title documents

What services are you looking to run ,overhead power cables ?
Advice given is not legally qualified and you are advised to gain a professional opinion

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