UK Power easement agreements
Discussion
Anyone got any experience with this? We have gone direct to UKPN as we have a HV and LV wire crossing our garden. We figure if they need access they will get it anyway so may as well get paid something for that right.
They have proposed a standard agreement which is unacceptable, it would have us not building even a shed or most kind of trees anywhere near the power lines. They do state it is a 'sample' agreement so it seems we could either re-write it or propose another format.
I'm willing to consider something, e.g. we won't plant a fast growing tree directly under the line, assuming they pay enough (the amount mentioned with their sample agreement is fairly attractive).
My question is who do we use to negotiate an acceptable agreement and price? They offer to pay a contribution towards a solicitor and offer to suggest a list of solicitors. Is the solicitor the person who negotiates the terms of the agreement, or just does the deed stuff? Not sure if we need an energy/easement specialist to get the best deal, or if the solicitor knows what we can get and not get?
We have tried to avoid the no win no fee ambulance chasers who send us a lot of junk mail.
They have proposed a standard agreement which is unacceptable, it would have us not building even a shed or most kind of trees anywhere near the power lines. They do state it is a 'sample' agreement so it seems we could either re-write it or propose another format.
I'm willing to consider something, e.g. we won't plant a fast growing tree directly under the line, assuming they pay enough (the amount mentioned with their sample agreement is fairly attractive).
My question is who do we use to negotiate an acceptable agreement and price? They offer to pay a contribution towards a solicitor and offer to suggest a list of solicitors. Is the solicitor the person who negotiates the terms of the agreement, or just does the deed stuff? Not sure if we need an energy/easement specialist to get the best deal, or if the solicitor knows what we can get and not get?
We have tried to avoid the no win no fee ambulance chasers who send us a lot of junk mail.
I’m wondering how it’s there without one in place already.
They have standard access provisions for maintenance and repair activities which include clearances for vehicles etc., the zones aren’t usually negotiable.
I’ve only been involved in bringing new ones in to the benefit of the property owner though, not routing through to serve someone else.
They have standard access provisions for maintenance and repair activities which include clearances for vehicles etc., the zones aren’t usually negotiable.
I’ve only been involved in bringing new ones in to the benefit of the property owner though, not routing through to serve someone else.
Is it actually an easement ("runs with the land") they're after, or a wayleave (which is personal and doesn't "run with the land")?
Personally I think you are better off with neither. The payments they will make are peanuts (often just a one off), yet as soon as you sign you're bound by the various restrictions. I'm stuck with an easement for something on my land and it's a bit of a PITA to have it there and nothing I can really do about it.
Be aware that all of the major utilities have the ability to get statutory/necessary wayleaves if they need them. You still get paid if that happens, and there is a right to appeal.
Personally I think you are better off with neither. The payments they will make are peanuts (often just a one off), yet as soon as you sign you're bound by the various restrictions. I'm stuck with an easement for something on my land and it's a bit of a PITA to have it there and nothing I can really do about it.
Be aware that all of the major utilities have the ability to get statutory/necessary wayleaves if they need them. You still get paid if that happens, and there is a right to appeal.
Are you talking of lines just passing overhead, with no poles or pylons on your property.
We have some farmland with telegraph poles in them, we can claim a wayleave for the poles but nothing for the wires crossing over, no pylons though.
Northern Powergrid wanted to swap some poles one year in November, I told them they could only come when the ground was hard and dry, for planned maintenance you are in charge of the situation, emergency are different.
We use an agent for negotiations or disputes and the other party have to pay, and it can mount up if it's water someone wants to bring across.
We have some farmland with telegraph poles in them, we can claim a wayleave for the poles but nothing for the wires crossing over, no pylons though.
Northern Powergrid wanted to swap some poles one year in November, I told them they could only come when the ground was hard and dry, for planned maintenance you are in charge of the situation, emergency are different.
We use an agent for negotiations or disputes and the other party have to pay, and it can mount up if it's water someone wants to bring across.
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