They Want to put Electricty supply for new houses through my garden

CHRISBY

Today I have been approached by our energy suppliers Way leave officer. They want to put the main electricity supply for 8 new houses behind our house through (and Under) the end of our garden from a pole that is in our garden.
There is no easement on our deeds for the pole and electric supply equipment on our property and we have not entered into a way leave agreement.
The Guy gave me the impression that they would be happy to go one of two ways to secure my permission.
1. Pay for the full legal process to have easement for their equipment on my property which would include paying for my legal costs etc. as well as their own.
2. Come to a reasonable good will gesture to allow them to do the work required straight away. I believe they are under pressure by the builders who are now well into the build without mains power to the site (They currently have a huge generator onsite).
They have no other means of getting the power from our pole to the new houses and It looks like they would need to take in a new supply around my property should I not allow them access etc. I would say they would need around 20 more poles and to dig up the main road to work around us.
Does anyone have any advice as to what I should do? Or what I should ask for?
Thanks in advance. Chris

Ich_2

Does anyone have any advice as to what I should do?

Yes, don't shout!

Seriously though they will have history of previous payments in similar situations so will offer a fair deal. They will be after an easement as it gives more permanance to the arrangement as a cable is involved.

does the existing equipment supply other than yourself? If yes that should be regularised and some form of back payment agreed as well

Cknocker

If they are trying to negotiate an easement across private land, the alternative avoiding it must be costly!

You don't have to agree to the cable crossing your land at all, as an example if you were looking to build an extension in the future, if the cable route was to interfere with the building, you would end up having to pay to have it diverted.

If you have no objection to the cable route and you are happy to take the money, why not?

Don't go thinking you are going to hold the electricity distributor to ransom, they won't bother, they have set policies for what to pay for an easement, if the route is for a third party (As this is), they will not consider going over that level, as it has the potential to set a precedent for future negotiations with other land owners.

If you ask for more money, the most likely outcome is they will go to the developer and tell them they will have to pay for an alternative costlier route, unless he can successfully negotiate a route across your land on their behalf.

CHRISBY

Hi Ich,CKNocker
Thanks for the reply.
Sorry Didn't see the bold button was on!
The pole supply's my house and the house next door (Semi) but no other property's. Next doors supply is via the same cable that comes to our house from the pole which then runs along our roof line and into their house.
The guy that visited seemed to want to get access quickly and I think was offering to pay to get on with the job. I have no issue with them doing the works, its at the end of our garden which is 40m from the back of our house in in just laid to grass. Obviously if I can get some money in my pocket I'll be quite happy but don't want to cause myself long term issue's by just letting the get on with it. Likewise I don't want to leave them with money in their bank I could be spending!

ROY47

CHRISBY wrote: »

There is no easement on our deeds for the pole and electric supply equipment on our property and we have not entered into a way leave agreement.


They have no other means of getting the power from our pole to the new houses
Does anyone have any advice as to what I should do? Or what I should ask for?
Thanks in advance. Chris

You may not have an easement for the pole , it may be a deed of grant which means the original owner of the property when the electric supply was put in had a one off payment for it . Maybe £20 -30 way back in the 50s or 60s etc depending on how old the house is .

Unfortunately it is NOT your pole as you say here ..

They have no other means of getting the power from our pole to the new houses

it belongs to the electricity company

What you need to do is ask more questions , from what you say ,they need to increase the size of the cable to the pole on your property then install an underground cable off the pole to the new houses .

does this mean they will need to dig into the garden a stay block and rod as we call it ? to hold the pole straight due to the extra weight of the new cable

then they install the new underground cable to the new houses ?

CHRISBY

Hi Roy,
Yes you are right the Pole is not ours, We realise this.
I have looked through our deeds and there is no mention of any easement or grant on this relating to the electrical equipment. The previous owner of the house was my Grandfather who lived in it since it was build in 1951. I purchased the house from him and have asked him if there was ever any agreement made in regards to the pole, He never had any arrangement.
I have asked my solicitor to confirm my assumption that no mention on the deeds equates to nothing being in place. Also when talking with Way leave officer when he was here he agreed with me that there was nothing in place. So I guess he had done his homework before approaching me?
He said that they could not do anything until they had my agreement/authorization.
He is coming back to me on Monday, I would guess with his proposal.

Ich_2

Part of the issue with the pole is that it supplies your house so would not normally need a wayleave. (though the supply to next door would complicate this!!)
Often though, folk were so glad to get a supply the niceties were lost and remain in the mists of time!

patman99

It is usual to get a small amount for having things like electricity poles, telephone poles, fire hydrants & street furniture on your property. If the cable will cause you no future issues, then you could negotiate a rate of £20 a year, backdated to 1951 & with a fixed 5% p/a increase for the next 10 years if you so wished.

Judging by what you have said regarding their need for supplying power to the new houses, they would way-up their options & probably come to the conclusion that it is cheaper than the other route.

Ich_2

There is a nationally agreed rate for a pole and it is no where near £20, they may backdate that to when you moved into the property. Prior to that it would possibly be due to the previous owner.
It is actually possibly that a free wayleave was granted by the builder as part of the T&Cs of a supply being installed

CHRISBY

Ok so its been a while but today I got a cheque for SSE, £1487 for the wayleave agreement , Plus equipment wayleave compensations back dated for 6 years and forward paid for 20 years for the new and old equipment on my land.
Sweet......