Cancelling an easement

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alpacaman
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Re: Cancelling an easement

Post by alpacaman » Wed Feb 14, 2018 1:05 pm

Thanks for adding to this thread. Not entirely a continuation of the original issue, but if anyone on the thread can address this specific issue that would be great.

ukmicky
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Re: Cancelling an easement

Post by ukmicky » Thu Feb 15, 2018 2:59 am

You are a dominant tenement and under the law the wording of your easement and covenant can only be enforced under equity .

Under equity the no benefit without burden rules were set out in Halsall v Brizell and it ruled you cant benefit from its use if you are not prepared to accept the burden. The case went on to say under equity you have the right to freely reject the benefit if you do not wish to accept the burden. So yes you can place your own plant on your land and forget about the old one and not pay anymore to its running costs.

If you do reject the benefit and therefore the burden you do not have to remove it from your deeds because your property owns the right not you and if you reject the burden you are rejecting your personal right to benefit not the right owned by your land which allows if you move a new owner of your property to resurrect the right if they wish to accept the burden.

To do this this you kind of need to be clever and do it in steps.
Step one ,let the neighbour take over it power supply.

Step two get your own plant installed .

Step three disconnect from the old plant and send a letter preferably from a solicitor mentioning your right under Halsall v Brizell to reject the benefit and burden and formally do so.

It would probably be good to see a solicitor before you do anything and follow his advice as to what to do when.


If the neighbour does not want to take the power supply over it gets messy because you are not legally required to provide a service but even though you are not required to provide a service to disconnect the supply you would need a court order as any easement will cover not just the plant but the power cables etc also . . The court would probably get you all to come together and find a solution allowing them to continue to use the cables on your land but have their own metered connection which they are responsible for . Or do what the neighbour wants and let him connect up his own power supply from his land. Just be careful you don't do things in the wrong order and leave yourself with nowhere to get rid of your waste.
Advice given is not legally qualified and you are advised to gain a professional opinion

alpacaman
Posts: 28
Joined: Fri Nov 04, 2016 7:17 am

Re: Cancelling an easement

Post by alpacaman » Thu Feb 15, 2018 8:24 am

ukmicky wrote:You are a dominant tenement and under the law the wording of your easement and covenant can only be enforced under equity .

Under equity the no benefit without burden rules were set out in Halsall v Brizell and it ruled you cant benefit from its use if you are not prepared to accept the burden. The case went on to say under equity you have the right to freely reject the benefit if you do not wish to accept the burden. So yes you can place your own plant on your land and forget about the old one and not pay anymore to its running costs.

If you do reject the benefit and therefore the burden you do not have to remove it from your deeds because your property owns the right not you and if you reject the burden you are rejecting your personal right to benefit not the right owned by your land which allows if you move a new owner of your property to resurrect the right if they wish to accept the burden.

To do this this you kind of need to be clever and do it in steps.
Step one ,let the neighbour take over it power supply.

Step two get your own plant installed .

Step three disconnect from the old plant and send a letter preferably from a solicitor mentioning your right under Halsall v Brizell to reject the benefit and burden and formally do so.

It would probably be good to see a solicitor before you do anything and follow his advice as to what to do when.


If the neighbour does not want to take the power supply over it gets messy because you are not legally required to provide a service but even though you are not required to provide a service to disconnect the supply you would need a court order as any easement will cover not just the plant but the power cables etc also . . The court would probably get you all to come together and find a solution allowing them to continue to use the cables on your land but have their own metered connection which they are responsible for . Or do what the neighbour wants and let him connect up his own power supply from his land. Just be careful you don't do things in the wrong order and leave yourself with nowhere to get rid of your waste.
Thanks for your advice. Very helpful.

Unfortunately I think that be merging my more recent, separate question about the power supply, arborlad has inadvertently conflated two separate issues.

This thread began because we were considering removing ourselves from the shared STP and installing our own. For now, at least, that is not something we intend to pursue, but your advice is excellent should we choose to do so.

The matter of the electricity supply has reared its head more recently, and all I'm really asking right now is whether the neighbour can disconnect the supply from our property to the STP without our permission, and connect the STP up to a new supply fed from their property.

arborlad
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Re: Cancelling an easement

Post by arborlad » Thu Feb 15, 2018 9:51 am

alpacaman wrote:Unfortunately I think that be merging my more recent, separate question about the power supply, arborlad has inadvertently conflated two separate issues.


I disagree, the electricity is simply a facet of the whole issue - not a separate one. The advantages of continuing this thread, where the electricity supply has already been comprehensively covered - are considerable.
arborlad

smile...it confuses people

arborlad
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Re: Cancelling an easement

Post by arborlad » Fri Feb 16, 2018 8:10 am

arborlad

smile...it confuses people

alpacaman
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Re: Cancelling an easement

Post by alpacaman » Fri Feb 16, 2018 8:14 am

arborlad wrote:Have a read of this thread: https://www.gardenlaw.co.uk/phpBB2/view ... =9&t=21061
Thanks. Found that one last night. Useful but still doesn’t quite address my question.

pilman
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Re: Cancelling an easement

Post by pilman » Sat Feb 17, 2018 5:58 pm

I can understand why a person with a sewage treatment plant on his land would want to have the electricity supply under his control, especially when the current situation seems to be undocumented.

The power supply from your house has to be located on your fuse board, so simply switching off the mains supply to your house and then removing the cable link on the fuse box that feeds the stp will mean there is no further danger of a live feed going off your property.

Imagine that there is no feed from your house for whatever reason, the stp will eventually overflow and the waste and smells will be on the neighbouring land.

What sensible person would want that possibility to be in existence.

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