Sinbad
Honorary Master
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Question of the Day: Are you keeping your Prime subscription?
Power Cable through my property
- Thread starter Shiraz
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Speculation aside, I would suggest that you find yourself a tame conveyancer and get some quick advice on servitudes.
Having briefly dabbled in conveyancing at the beginning of my career what I can say with absolute certainty is that this scenario will never be as simple as simply trenching, laying and paving.
At the very least there will need to be endorsements on the plans for your Erf at city council (probably at town planning/land use) and, in all likelihood, you will need to grant the neighbouring shop a right of use for the land in the form of a servitude for the conduit.
The headache of sorting things out years down the line when you get nailed for infringing some obscure municipal ordinance will be far worse than the discomfort of turning your neighbour down when s/he is trying to cut corners.
Having briefly dabbled in conveyancing at the beginning of my career what I can say with absolute certainty is that this scenario will never be as simple as simply trenching, laying and paving.
At the very least there will need to be endorsements on the plans for your Erf at city council (probably at town planning/land use) and, in all likelihood, you will need to grant the neighbouring shop a right of use for the land in the form of a servitude for the conduit.
The headache of sorting things out years down the line when you get nailed for infringing some obscure municipal ordinance will be far worse than the discomfort of turning your neighbour down when s/he is trying to cut corners.
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This is what has been nagging in the back of my mind..... just didn't want to admit it.
You right- I called him this evening and gave him the bullet. He was extremely nice and understanding.... like he either expected it or didn't think I would read up on the servitude issues etc.
Thanks to all for putting me in the right direction with all the good ADVICE!!!! (made sure I type that slowly so spell checker doesn't get the better of me again.... never know when the grammar police is about to pick on grammar without adding any value to the discussions.
)Venomous
Honorary Master
You right-This is what has been nagging in the back of my mind..... just didn't want to admit it.
You right- I called him this evening and gave him the bullet. He was extremely nice and understanding.... like he either expected it or didn't think I would read up on the servitude issues etc.
Thanks to all for putting me in the right direction with all the good ADVICE!!!! (made sure I type that slowly so spell checker doesn't get the better of me again.... never know when the grammar police is about to pick on grammar without adding any value to the discussions.
should be
You are right -
Many local authorities do run such things across properties. It's still direct.
Perhaps but in this case the neighbour is not going about it the correct way.
Venomous
Honorary Master
This,
and I seem to recall that properties with servitudes are priced lower than others. Could be wrong.
Cardon
New Member
No. Every erf should have its own supply. Especially do not do it for three phase. He may also now or later get a servitude on your property for maintenance purposes, then your done. He wants it, he pays for it. Three phase comes from the street pole to a box on the pavement with council access street side and your access boundary fence side. That is for control when accounts are not paid. You like nightmares, do you? Go read your by-laws, please. Do it by the book.
It's not permitted to have more than 1 power supply point entering an ERF unless applied for, therefore you as the owner of the ERF would have to apply for the connection, as it is entering your property.
You also need a separate permit to supply electricity across ERF boundaries. What the physical cable does is not relevant. Fact remains that you have 2 separate power supply points entering your property and you're feeding a commercial property from your ERF as their point of supply. If power is out they cannot lodge a complaint, you have to as the registered owner of the source. Also, the munic might end up charging you for their electricity usage.
Last thing you want is your gardener accidentally hitting the cable with a spade and dying. Therefore armored cable is required as well, which is going to cost quite a bit.
Before you say no, table this to them to find out if they're willing to cover the costs thereof through a feasibility study.
You also need a separate permit to supply electricity across ERF boundaries. What the physical cable does is not relevant. Fact remains that you have 2 separate power supply points entering your property and you're feeding a commercial property from your ERF as their point of supply. If power is out they cannot lodge a complaint, you have to as the registered owner of the source. Also, the munic might end up charging you for their electricity usage.
Last thing you want is your gardener accidentally hitting the cable with a spade and dying. Therefore armored cable is required as well, which is going to cost quite a bit.
Before you say no, table this to them to find out if they're willing to cover the costs thereof through a feasibility study.
Arthur
Honorary Master
It's all a matter of getting municipal approval.
Some years back I had the overhead cables to my property replaced with a buried one. My neighbor and I decided to use a single cable running up my land for about 120m, and then splitting to neighbor and me. We got the local authority involved, and they came and dug the trench, laid the cable from the sub-station, and did the branching and terminations. Full approvals obtained. Al duly noted on municipal planning docs and maps. No servitude was necessary as local bylaws and township Ts&Cs as recorded in title deeds enable the municipality to do this. This can of course vary, so check your own.
Some years back I had the overhead cables to my property replaced with a buried one. My neighbor and I decided to use a single cable running up my land for about 120m, and then splitting to neighbor and me. We got the local authority involved, and they came and dug the trench, laid the cable from the sub-station, and did the branching and terminations. Full approvals obtained. Al duly noted on municipal planning docs and maps. No servitude was necessary as local bylaws and township Ts&Cs as recorded in title deeds enable the municipality to do this. This can of course vary, so check your own.
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