Posted Tuesday 13th October 2026
When buying development land, it’s easy to focus on planning, title and existing rights. However, one issue regularly catches developers out: having rights over neighbouring land is not always enough to secure utility connections.
If your development relies on electricity, telecoms, water or other services crossing third-party land, it is important to have not only the right to lay infrastructure, but also the practical ability to secure any agreements needed to deliver the connection.
Rights are not the same as co-operation
A transfer or deed may grant rights to run services through neighbouring land. However, that does not necessarily mean the neighbouring landowner must actively assist if utility providers require additional documentation.
In practice, utility providers may require:
If a third-party landowner refuses to engage, existing rights may not be enough to secure the connection.
A developer may have rights to lay services through neighbouring land, only to discover that a utility provider requires an additional easement, wayleave or landowner consent before works can proceed. If that consent cannot be obtained, the development programme can quickly come under pressure.
The key question
Can the neighbouring landowner be compelled to co-operate if a utility provider requires additional rights or documentation?
If the answer is no, there is a risk that the development could face unexpected delays, costs and uncertainty.
Don’t rely on statutory powers
Developers often assume that utility providers can rely on statutory powers if a landowner refuses to co-operate.
The reality is rarely that straightforward.
Where voluntary agreements cannot be reached, utility providers may need to pursue formal legal procedures, including:
All of which can introduce significant delay, cost and uncertainty, often outside the developer’s control.
Why utility connections matter
Utility issues can quickly become a commercial risk once construction is underway.
A delay in securing utility rights can result in:
For developers, the issue is not whether a legal fallback exists. The real question is whether there is a commercially reliable route to securing utility connections when they are needed.
Key questions for developers
Before committing to a site, consider the following:
Utility infrastructure
Landowner co-operation
Direct enforcement rights
Future owners
The bottom line
Having service rights on paper is not always enough. A development can still stall if utility providers require additional easements, wayleaves or consents and the relevant landowner is not obliged to co-operate.
Before exchanging contracts, developers should ensure they have a clear and enforceable route to securing all utility rights, consents and third-party co-operation needed to construct, connect and occupy the development.
Joelson’s Real Estate team advises developers, investors and landowners on development land acquisitions, easements and other property matters, helping clients identify and address potential risks before they impact project delivery.
The key question is simple: do you have rights on paper, or a practical route to securing the utility connections your development depends on?
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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