Electricity Wayleave Help Anyone?

glpcboat

We own a small paddock alongside our house - with electricity pole, 5 cables and transformer - that feeds our house one side, and a 30+ caravan park the other.

We bought the paddock about 5 years ago and have never signed a wayleave for this apparatus, although we have a copy of a 21 year wayleave signed in 1965 by a previous owner (3 owners ago) with a 12 month notice clause. Since the wayleave term has expired long ago, we wrote to the electricity provider in April 2011 giving the required 12 months notice, which they acknowledged in writing (we have not yet given 'notice to remove' as part of the 2 stage process). The equipment is still in our paddock and they said it would take some time to organise the re-route of the cables and another host for the transformer. We have been patient so far and have delayed sending the 'notice to remove' to allow them time to organise a re-route.

In order to progress the project, about 12 months ago they requested that we given them £2,000 for when they need to reconnect the new underground cable to our house. We believe they have been making some headway with the re-siting of the equipment but the owner of the caravan park (that the transformer also feeds), has refused to let them dig up his driveway to lay a cable to feed his caravans. We have just had an email from the electricity company stating that if we want the transformer & equipment moved, we need to let them lay an underground cable the length of our paddock (to feed into the existing cables for the caravan park). The paddock is a perfect size building plot for the future and because of an oak tree with preservation order, the cable will end up being almost in the right in the middle of the space, exactly where we would not want it. We do not want ANY equipment on our paddock at all, buried or not - but before we submit our answer, does anyone have any advice please.Thank you in advance.

JC_Derby

I'm not an expert in this area.
Are you sure this is a way leave and not an easement?
They sent you an email? I'm incredulous!
You can pm me if you wish? I may be able to help you further with this.

JC_Derby

Also, have you accepted any payments from the company. If so you may well have validated the way leave by accepting them....usually only a couple of pounds a year.

glpcboat

Thank you for reply. To answer questions.....

Definitely a wayleave not easement.

The email is from the company that sets up the way leaves on behalf do the power provider.

We have returned any payments for the apparatus saying there is no agreement with us.

I think we could do with talking to a wayleave specialist if anyone could recommend someone that would be very helpful, thank you.