Utility Trench power & sewer

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Devon
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United Kingdom
Hello,
Our power supply and foul drainage sewer currently run together across land owned by a third party. The mains water comes in separately from the opposite side of the house, the phone is overhead and heating is by oil, so it is just the sewer and power cable that share the same run.

The power cable and supply arrangement has been deemed unsatisfactory by Western Power (power cable poorly joined underground and draped along foul drainage pipe) and we have agreement with them to run a new up to standard Western power cable up to the house and in to the new meter and box that we are having installed.

We would prefer to run this new cable on a new direct line to the house or otherwise in an approved Western Power trench next to the existing foul drain. The land owner has stated that our title deed clause only allows repair of existing arrangements and that what we are proposing constitutes an extension of our wayleave provisions. The foul drain that crosses this third party land has been adopted by South West water under the legal changes in 2011. Ironically it is the landowners themselves who originally made the current unsatisfactroy arrangement!

So the question is is it possible to lay the new Western Power cable directly above or below the existing Foul drainage pipe or is there a specified requirement for some horizontal separation for these utility services? It looks like this is going to have to go to solicitors for a legal decision but before we do that is would be helpful to have some technical comments.
Thanks
 
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My main concern would be should the sewer ever need repair then the new cable is going to be right in the way, making what could already not be the easiest of jobs even more awkward. Apart from that there shouldn't be any problem, it wont interfere with the sewer other than by it's physical presence.

Question may be better asked on http://www.gardenlaw.co.uk/ where there are a few with some legal knowledge on these types of matters. My personal view is it is still technically a repair, you would be renewing an existing service, not laying a new one. Landowner is being awkward for the sake of it, but devil is in the detail, and it would be wise to get that checked before committing to any course of action IMO.
 
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this one could have legs and run for some time?

As I understand it.
1/. The landowner, not you, installed a power cable and sewer.
2/. To allow you to have full use of both services above, a Way leave was negotiated and agreed to.
3/. The utility provider has now deemed that the power cable is in need of repair and will require to be re-sited, recalling who installed the two systems?
4/. Your Neighbour who in effect instructed the work to install both the Sewer and power cable route is IMO the first course of resort for both of the utilities to seek redress from. IMO, you had no part in this agreement to install these services?
5/. Question? why is the utility provider not asking the installer of the system to institute or fund the repairs?
6/. A further question? Who undertook the Installation of the utility system? if there is a problem with the installation, that being that the Power Supply is "poorly Jointed underground" ? I am sorry but it is only the Power Company is in control of this, did you instruct an Electrician to install a power feed on the power Companies side of the Meter? I think not!

This entire scenario is distinctly Odd?
 

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