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Overhead Electric Lines
Numerous clients have contacted us to say they have received letters from agents acting for national grid regarding the capitalisation of wayleaves for overhead electric lines on their land.
For some decades we have acted for clients against electricity companies in seeking “the right” amount of compensation for electric lines on land. Here are a few things to be aware of:
- Your existing wayleave is likely a personal agreement between you and the electricity company. Most can be terminated it which can lead to claims for compensation against the electricity company. The matter is not straightforward because companies do have powers under the Electricity Act 1989 but nonetheless there is a route to compensation.
2. The deal that they are offering may well be good and may suit you, but there are other heads of claims to take into account.
3. Your existing wayleave agreement may not give the electricity company the right to install fiberoptic cables for commercial use. If it does not, then this could be viewed as “another deal on another day”. We would suggest that you need to be careful to make sure that it is not moped up in the deal that they are offering.
4. If you have houses or for example barns with potential for conversion near to the lines, you are almost certainly going to be entitled to a further claim for injurious affection for any perceived diminution in value of your property due to the presence of the overhead lines. Some years ago, the press was loaded with articles about the negative health impacts of electromagnetic forces and such publicity can seriously impact the value of properties near to pylons and electric lines. Make sure that the offer that you receive fully reflects this.
5. Is there any other development potential on your land? If there is, then granting a permanent easement is probably not a good idea unless there is a robust “lift and shift” clause in it and/or a clause for future compensation in that eventuality.
6. Your existing wayleave will probably specify the number of conductors that the electricity company has the right to keep over your land. If it does, beware that any new agreement does not give them carte blanche to upgrade their existing equipment with more conductors being used to carry more electricity. The National Grid network in the UK is currently undergoing a major expansion program in the pursuit of cleaner energy, so make sure you aren’t giving away any future negotiating position by allowing electric companies to do whatever upgrades they want on your land.
We would be very happy to talk to you. Our consultant Roger has settled many hundreds of claims against electricity companies around the UK over the years and has a substantial database of claims evidence. Please don’t hesitate to contact us with any queries
Roger Bedson: 07785537209
Or your local Bagshaws Office