oowee Posted November 6, 2015 Report Share Posted November 6, 2015 I have a number of electricity poles on may land covered by a wayleave. I have served 6 months notice to terminate and now served 6 months notice to remove. I have offered the chance to leave them in place in perpetuity for a large payment. The company has now offered to put the cables underground if i dig the trenches (about 150m at between 1 and 2 m deep). Anyone had experience of pushing the case for removal and won? Quote Link to comment Share on other sites More sharing options...
fern01 Posted November 6, 2015 Report Share Posted November 6, 2015 You need legal advice from someone who deals with such things, NFU, CLA or a land agent. It all depends on the original wayleave agreement. I didn't work for an electricity company but other utilities can actually apply for a compulsory purchase order in certain circumstances but that is very slow and expensive for them. Quote Link to comment Share on other sites More sharing options...
Andy135 Posted November 6, 2015 Report Share Posted November 6, 2015 No experience of this but watching with interest as I too have an elec pole on my land that supply us + two neighbours. Would love to have it moved/buried so keen to hear what happens with yours. Quote Link to comment Share on other sites More sharing options...
rjimmer Posted November 6, 2015 Report Share Posted November 6, 2015 (edited) I doubt you could get it removed unless you paid for all the work. If they want to put a cable across someones property, they have statuary rights. I'm going through it at the moment. A neighbour is not letting them lay a cable across his land so, instead of exercising their statuary rights because the job is urgent, they want to lay over a quarter of a mile of double 5" diameter cable across mine, so that the main railway line into Weymouth can have it's power maintained. It's going to cost them, especially doing it in Winter, but it will be cheaper than going down the road and having to reinstate or paying all the legal fees involved in getting to cross the neighbour's. My agent advises to negotiate a good deal rather than make them go down the legal route to force it through. Edited November 6, 2015 by rjimmer Quote Link to comment Share on other sites More sharing options...
bigmcg Posted November 6, 2015 Report Share Posted November 6, 2015 As has been said, it depends on the original wayleave, it's been a few years since I looked into them but they can either be a one off payment to the landowner or a monthly/annual payment, but once the wayleave has been agreed it's pretty binding I think. Quote Link to comment Share on other sites More sharing options...
subsonicnat Posted November 6, 2015 Report Share Posted November 6, 2015 As has been said, it depends on the original wayleave, it's been a few years since I looked into them but they can either be a one off payment to the landowner or a monthly/annual payment, but once the wayleave has been agreed it's pretty binding I think. As The Man Says, They are Binding once you have agreed to it.. And I believe covers it for the for-see-able future even if you sell up.. As I have done:. Quote Link to comment Share on other sites More sharing options...
norfolk dumpling Posted November 7, 2015 Report Share Posted November 7, 2015 I have my neighbours electricity and telephone wires running through my roof spec plus his water (and his stop cock) main in my garden. Should I be getting payment for this? Cottages - semi-detached - are 400 yrs old so now sure when this occurred. Quote Link to comment Share on other sites More sharing options...
bostonmick Posted November 7, 2015 Report Share Posted November 7, 2015 I spent some six months trying to get a pole moved I wanted it moved to the boundary of the land which was around twenty metres.This pole was a redundant electric pole that only had a telephone cable on it for a property next to the land.in the end it cost me just under a thousand to get it done so I could put the building up.depends how important it is for you to get the cables moved.It would cost less than three hundred to get a excavator for the day. Quote Link to comment Share on other sites More sharing options...
Stonepark Posted November 7, 2015 Report Share Posted November 7, 2015 I have a number of electricity poles on may land covered by a wayleave. I have served 6 months notice to terminate and now served 6 months notice to remove. I have offered the chance to leave them in place in perpetuity for a large payment. The company has now offered to put the cables underground if i dig the trenches (about 150m at between 1 and 2 m deep). Anyone had experience of pushing the case for removal and won? I suspect if you keep pushing, company will go for a neccessary (compulsory) wayleave as equipment is existing. Wayleave payment is annual rental effectively, what you are requesting is a servitude/injurius affection payment which may have already been paid when poles were originally erected. Would advise wayleaves surveyor to advise, see guardian article for some possible choices. http://www.theguardian.com/money/2015/oct/31/power-electricity-poles-wires-compensation-claim Quote Link to comment Share on other sites More sharing options...
oowee Posted November 7, 2015 Author Report Share Posted November 7, 2015 Thanks for replies. Telecoms (openreach) is a little different from the DNO's as they have the 1984 telecoms act to fall back on which gives them different rights. The wayleave allows me to terminate the agreement. I suspected they would resist forcing the case through a land tribunal arguing its uneconomic / impractical to move. I was initially offered cash for agreement in perpetuity, but not enough to reflect the impact that the posts have. The offer to put them underground (and meet the cost of this) and pay for legals etc I think makes it difficult for them to insist that it has to stay if we get to tribunal. I am just a little baffled as to the logic for me to pay for the excavation for their services. There are companies going around the farms unpicking these agreements but they charge 20% of any settlement figure and of any revenue stream. Quote Link to comment Share on other sites More sharing options...
craftycarper Posted November 7, 2015 Report Share Posted November 7, 2015 You got a log burner? Quote Link to comment Share on other sites More sharing options...
oowee Posted November 8, 2015 Author Report Share Posted November 8, 2015 Quote Link to comment Share on other sites More sharing options...
johnphilip Posted November 8, 2015 Report Share Posted November 8, 2015 well dont put them on it, the stuff stinks.and not good for your health. Quote Link to comment Share on other sites More sharing options...
oowee Posted November 8, 2015 Author Report Share Posted November 8, 2015 Last one i had removed (house supply) i thought I would make it into giant seesaw. Western Power insisted on cutting it into 1m lengths. When I said I wanted to use it they said they are not allowed to leave them but if I wanted I could collect one from the depot for free They charged me £1000 just to make the connection at their end I had to provide cable and trench. Quote Link to comment Share on other sites More sharing options...
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