Property problems - ESB cable in garden!!!! new house ... HELP!

Erchel

Hi All

I am new to this so pardon if i am not setting this up right or posting it correctly.
My parents bought a house nearly 3 years ago. All was going well then a letter came in the post after about 2 years from the ESB. It stated that there was a main cable in the back garden and they were looking for written consent to come in and dig it up if there were any problems with it. My dad is nearing 70 & his garden is his life, so naturally enough he objected.
we think that they should have been informed of this when they bought the house but the letter in the post was the first time they heard any thing of it.
Unfortuantely due to ill health (mon had heart surgery / dad not well) they are only trying to figure this out now.
Can anyone tell me if it is the solicitors duty to ensure all problems like this are disclosed before the sale goes through on the house? There has to be someone that should have told them but unfortunately no-one did.
I have been on to citizens advice and they just told me to go to a solicitor to find out.
If any one can help / point me in the right direction / any links - i would really appreciate it.
Thanks for taking the time to read this

Erchel

StillWaters

I wouldnt think so, certainly I have no idea what pipes or cables are underneath my house/garden. Ive bought and sold a few houses in my time, and it was never mentioned during conveyancing as something to be asked/answered.

But afaik ESB and other essential services have the right to access such pipes (wasn't that what the recent court case was about?)

A friend of mind did have the ESB digging in their garden last year for essential works, and they made good any work they did with minimum disruption.

loremolis

Erchel wrote: »

Hi All

I am new to this so pardon if i am not setting this up right or posting it correctly.
My parents bought a house nearly 3 years ago. All was going well then a letter came in the post after about 2 years from the ESB. It stated that there was a main cable in the back garden and they were looking for written consent to come in and dig it up if there were any problems with it. My dad is nearing 70 & his garden is his life, so naturally enough he objected.
we think that they should have been informed of this when they bought the house but the letter in the post was the first time they heard any thing of it.
Unfortuantely due to ill health (mon had heart surgery / dad not well) they are only trying to figure this out now.
Can anyone tell me if it is the solicitors duty to ensure all problems like this are disclosed before the sale goes through on the house? There has to be someone that should have told them but unfortunately no-one did.
I have been on to citizens advice and they just told me to go to a solicitor to find out.
If any one can help / point me in the right direction / any links - i would really appreciate it.
Thanks for taking the time to read this

Erchel

First step is to check with the solicitor who acted for you/your parents in the purchase of the house.
If there is a wayleave easement for the electricity line then it must have been included in the title documents.
Even if there is a wayleave/easement the ESB cannot simply go in and dig anything up without consulting the owner first.

If there is no wayleave or easement then the only way that they can go in and dig is if the owner allows them to. IMO an electricity cable buried on private property without a wayleave or an easement is trespass.

Check with the original solicitor and get some legal advice. But, bear in mind that just because the it's the ESB doesn't mean that they can do whatever they want. Also, make sure everything is in writing and if they are not clear make them explain in writing exactly what they want to do.

If you intend to let them in then make thenm specify exactly what they intend to do and agree (all in writing) that they will fully compensate for any damage or loss you suffer.

Lantus

older properties sometimes have major utilitys runing through the property boundary. Firstly. Dont panic. If it's a cable only then the liklehood of ESB needing to come in is slim. Do you live in a terrace linked to other houses? If so other properties will be in a similar situation, maybe see if they have received letters.

You can request a utility map off ESB to see where this cable is and where it runs in relation to your own and others property. More importantly what it is. small or large.

As above post you will need to write to your solicitor to see where you stand. It's a tricky area. ESB have far reaching powers with regards to access to their equipment and I'm not sue whether your solicitors possible negligence with regards to identifying this would be sufficient.

It may be you need to sue your solicitor for damages. I'd be wary of their advice they give as they may be just covering their arse and hoping that if the client is old and unwell and nothing will ever come of it. I'd also secure independant legal advice on where you stand for any possible damages.

It's very hard to put a value on something like a garden where the time invested and sentimental value isn't proportional to its actual monetary value. If ESB have to roll in their equipment they tend not to care about how much damage they cause and unless (and even if) a professional landscaper is employed it will never look the same when it goes back.

Icepick

Talk to ESB and find out how much and where they would actually need to dig.
Your father should take it into account when planning the garden.
Also make sure that your parents are fully compensated for whatever damage they may cause.

cgarrad

http://www.thejournal.ie/vast-majority-of-tree-cutting-completed-on-teresa-treacys-land-241033-Sep2011/

Victor

Find out where the cables are. Only plant grass on that section, as if there are flowers, shrubs or tress, they risk being dug up. Trees will need to be kept back a substantial distance.

patwicklow

Get this guy to dig it...http://www.independent.ie/national-news/exesb-chief-padraig-mcmanus-gets-800000-package-3002543.html?start=3

Victor

patwicklow wrote: »

Get this guy to dig it...http://www.independent.ie/national-news/exesb-chief-padraig-mcmanus-gets-800000-package-3002543.html?start=3

On-topic please.

babaduck

We have an ESB cable running along the side of our house. It was flagged to us when we bought the house off plan & it basically means that you can't build any permanent structure over this piece of ground (so no extension) but if the ESB do ever have to open up the ground, they are responsible for reinstating the ground to its original condition.

It's not a tenth as bad as you are making it out to be, OP and I'm not being facetious or downplaying your concerns. It's a common situation and certainly should have been flagged in the legal pack (perhaps it was and nobody took much notice of it).

On the upside, we got a bigger back garden and in 10 years, the ESB haven't come calling to dig it up. The chances of this ever happening are miniscule. I'd say I've more chance of winning the EuroMillions jackpot first.