Will a Gas "Way Leave" devalue house ?

pob1

My Girlfriend is currently in the process of buying a house and has her heart set on this new development.

It was only after solictors were involved to start drawing up the paperwork and contracts that it came up that there is a gas way leave going across our front driveway. It actually goes across the whole block of four houses with a greater area from left to right , her house is on the far left so only about 2-3 feet of the front driveway is affected.
This in essence means the council can dig up our driveway when they need to without our permission , to get to the gas line but will have to put it back the way it was.

The planning office and estate agent dont see it as being a bit problem but the soliciter sees it a more serious.

My question is will this devalue the house when trying to sell on and if so should we try to renegotiate will the estate agents. Bear in mind most of the rest of the developement sold within a week.

The_Conductor

The fact that the rest of the development sold within a week is neither here nor there. Yes, a leave way does devalue property- irrespective of whether its commercial, residential or farming property. If a Way-Leave existed on farming property there would be either a one-off payment or small annual payments to the farmer in exchange for the way leave (normally this would be underground piping/overhead electrical cabling etc). The devaluation of the property may not be large in nature- but the existance of the Way Leave would be something that would have to be declared to future purchasers and would be taken into account in the purchase price. That said, its probable that the reduction in price may be minimal in nature.

Victor

Unless you expect to build over the way leave, I don't see a particular problem. However, it could be that the wayleave is so that gas can be provided:
* Only to you girlfriend's house.
* To the terrace of houses.
* To the entire street / estate.
* Half the country.

Who does the way leave actually benefit? Council, Bord Gais, other supplier, CER?

How is it for only 2-3 feet of the front driveway? Is it nearly parallel to the road?

What size is the pipe?

Is the pipe existing?

How wide is the wayleave in total?

pob1

I would say the way leave is to supply gas to the estate but dont know what size it is , it is already existing.

It is parallel to the road but as it goes from left to right along the block it expands in a wedge shape so it covers a much greater area on the far end house - possible 8-9 feet up the driveway .

It would be approx 3ft wide at her house and end up 8-9ft wide at the end house.The driveway are 12-14 foot long - fits two cars lenghtwise.

I might be able to scan the plans from the council later if I get them to provide a better idea.

antoinolachtnai

I honestly don't see the big deal in this. If there were a shared drain there, you would be looking at more or less the same issue, and shared drains running across private property are pretty common. A shared drain is likely to be more trouble in practice in my opinion.

But obviously you have to get your solicitor to explain exactly what he thinks the risks to you are.

You will also have to ask him whether the bank providing the mortgage (who are also his client) will be happy with it.

You may need to get technical advice. You should not depend on the estate agent for technical advice. Quite apart from him not being an engineer, he does not work for you and has no duty of care towards you. You should not depend on the planning office for engineering advice. They do not work for you and have no duty of care towards you.