Can I charge electricity?

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ukmicky
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Re: Can I charge electricity?

Post by ukmicky » Sun Dec 17, 2017 8:22 pm

Confused is me


I am correct on this one
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Collaborate
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Re: Can I charge electricity?

Post by Collaborate » Sun Dec 17, 2017 8:32 pm

tell you what. Send them a bill. If they don't pay it, sue them, and the court will decide.

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Re: Can I charge electricity?

Post by ukmicky » Sun Dec 17, 2017 9:12 pm

Maintainance is anything required to maintain the daily operation of the plant. Depending on what it is your maintaining Some things are required daily, some things weekly and somethings annually. Treatments plants are mainly self maintaining and perform that task with the help of air being pumped into it. Electricity is required to pump that air into it. The cost of the electricity is for the maintenance of the plant.

An ffs people learn the basics of finance if you are providing answers that are to do with the subject. Operational costs are comprised of many different categories of expenditure one them being maintenance costs.
Last edited by ukmicky on Sun Dec 17, 2017 9:47 pm, edited 1 time in total.
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MacadamB53
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Re: Can I charge electricity?

Post by MacadamB53 » Sun Dec 17, 2017 9:40 pm

Hi ukmicky,

Operational costs are comprised of many different categories of expenditure one them being maintenance costs.

so it must follow that there are other operational costs besides maintenance costs - correct?

kind regards, Mac

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Re: Can I charge electricity?

Post by ukmicky » Sun Dec 17, 2017 10:36 pm

MacadamB53 wrote:Hi ukmicky,

Operational costs are comprised of many different categories of expenditure one them being maintenance costs.

so it must follow that there are other operational costs besides maintenance costs - correct?

kind regards, Mac
yes everything required on a day to day or yearly basis to keep the business or activity running is an operating cost .if the thing your are supporting will fail without it , it is a operating cost .

Maintenance costs are a sub categorie of the operational costs.
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arborlad
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Re: Can I charge electricity?

Post by arborlad » Sun Dec 17, 2017 10:45 pm

Confusedisme wrote: ............total annual cost.............


The plant requires a pump to function, you have to supply the pump with electricity at a cost to you - it is inconceivable to me that you aren't entitled to a share of that cost from the neighbour!!
arborlad

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Re: Can I charge electricity?

Post by ukmicky » Sun Dec 17, 2017 10:54 pm

+1

The neighbour is allowed to use this treatment plant under the grant of an easement and they seem to have no idea what makes an easement legal. For an easement to be a legal easement and therefore enforceable it has to follow a few rules by law . One of those rules is for it to legally exist as an easement the dominant tenements use must be at no cost to the servient tenement.

The plant requires air to operate which is at a cost as it requires electricity to operate the pump. The moment the neighbour refuses to pay their share and the servient owner has to pay it, by law the easement becomes void and the neighbour loses any rights to use the treatment plant..
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Collaborate
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Re: Can I charge electricity?

Post by Collaborate » Mon Dec 18, 2017 2:40 pm

ukmicky wrote:
One of those rules is for it to legally exist as an easement the dominant tenements use must be at no cost to the servient tenement.
Is there any authority to back that up?

Confusedisme
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Re: Can I charge electricity?

Post by Confusedisme » Mon Dec 18, 2017 7:15 pm

Thank you for all your replies.

After some reading on all of this I have stumbled upon 'covenants', as this is a 'positive covenant' does this mean it is passed on with the land but cannot be enforced on the new owner?

There seems to be indemnity covenants in the Transfer document and also the cost of the maintenance for the sewage plant is also written under a restrictive covenant.

Very confusing to me !

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Re: Can I charge electricity?

Post by ukmicky » Mon Dec 18, 2017 9:56 pm

Collaborate wrote:
ukmicky wrote:
One of those rules is for it to legally exist as an easement the dominant tenements use must be at no cost to the servient tenement.
Is there any authority to back that up?
Im sure at sometime I’ve read that you were a solicitor. If I’ve read that correctly there should be no need for you to ask the question. You should know.

Are you a solicitor. .?
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Collaborate
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Re: Can I charge electricity?

Post by Collaborate » Mon Dec 18, 2017 10:35 pm

ukmicky wrote:
Collaborate wrote:
ukmicky wrote:
One of those rules is for it to legally exist as an easement the dominant tenements use must be at no cost to the servient tenement.
Is there any authority to back that up?
Im sure at sometime I’ve read that you were a solicitor. If I’ve read that correctly there should be no need for you to ask the question. You should know.

Are you a solicitor. .?
Yes I am a solicitor. And I'd always expect that if I say what the law is I should be able to back it up with some authority. It's not for me to prove whether you're correct in your assertion of some rule or other. You're making the assertion - of rule that I've not heard of before (but wouldn't rule it out, which is why I asked).

What I'd never do is come out with a statement about what the law "is" when I'd just taken a wild guess. Which is it? Why are you so prickly about being asked?

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Re: Can I charge electricity?

Post by ukmicky » Tue Dec 19, 2017 12:12 am

I’m not prickly about proving my case . I’m just working away from home and on my iPad so will need to wait until I finish my assignment and get home to my computer.


Don’t worry I will prove my case and cite the case. I just thought I would give you the chance because as a solicitor I expected better.
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Re: Can I charge electricity?

Post by ukmicky » Tue Dec 19, 2017 12:58 am

Confusedisme wrote:Thank you for all your replies.

After some reading on all of this I have stumbled upon 'covenants', as this is a 'positive covenant' does this mean it is passed on with the land but cannot be enforced on the new owner?

There seems to be indemnity covenants in the Transfer document and also the cost of the maintenance for the sewage plant is also written under a restrictive covenant.

Very confusing to me !
This form of Covenant can only normally be enforced under contract law and therefore binds only those who originally agreed to the terms.However luck may be on your side for two reasons

1st reason is there is only one form of easement recognised in law where you can be forced into expenditure on behalf of the dominant tenament and this isn’t it.

2nd reason , The no benefit without burden principle. I mentioned it before , google Halsall v Brizell
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Collaborate
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Re: Can I charge electricity?

Post by Collaborate » Tue Dec 19, 2017 6:56 am

ukmicky wrote:I’m not prickly about proving my case . I’m just working away from home and on my iPad so will need to wait until I finish my assignment and get home to my computer.


Don’t worry I will prove my case and cite the case. I just thought I would give you the chance because as a solicitor I expected better.
I'm always loathe to do the leg work for others just to prove their point, particularly when that point is accompanied by a dollop of sarcasm.

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Re: Can I charge electricity?

Post by arborlad » Tue Dec 19, 2017 7:21 am

Collaborate wrote:Electricity doesn't come under repair, maintenance or renewal. It's an operating cost.


I fail to see your logic on this one, you seem to have invented a word to somehow exclude a cost from the 'total annual cost' that should so obviously be included. Even if you conclude that operating has a significance beyond my understanding it doesn't prevent the OP from claiming a share of that cost from the neighbour.
Last edited by arborlad on Tue Dec 19, 2017 7:56 am, edited 1 time in total.
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