Wayleave Payments - Barlow & Sons

IHSIHS

So what? Re wayleave entitlement, people are still being plagued by cold-canvassing 'snail-mail', email and even door-to-door salesmen touting for business on behalf of firms of lawyers. Many people are unaware that it pays to shop around and not jump at the first offer, and that is the only point of my post.

As far as negotiation is concerned, I remain out of my depth. You imply that the NFU rate is the gold standard. I'm unaware that there is a gold standard for wayleave payments. It seems to be a free-for-all, which is being exploited by lawyers big-time.

JC_Derby

Interesting passive-aggressive initial sentence.


In response to the rest of your email...you manage to find 3 companies that do this sort of work, but have never heard of the NFU and their rates nor be inclined to try and find it, despite it being your moral duty to ask these other companies?


you also provide no information as to what equipment is on your land or above it. to allow a comparison or others advice..


Your final sentence is sage advice....Do your research.

Housing_Benefit_Officer

I should have updated you on this. Did it myself - money backdated - yearly cheque. - Took one email and proof of ownership of property.

marcbertasius

For anyone still being approached.

A word of caution if you ever choose to sell your property.

Taken from thursfields.co.uk/wayleave-agreements-what-they-are-what-they-mean-to-you/

"Wayleave Agreements are particularly important because they don’t just apply to the landowner who took them out but their “successors in title”, which means all who purchase and own the property since the agreement was taken out. So if you are purchasing a property with a Wayleave Agreement in place, chances are you are purchasing the agreement too, and therefore allowing the energy company the right to use your land to supply electrical power to the country. You should therefore seek legal advice from your conveyancer if you believe the property you are purchasing is subject to a Wayleave Agreement.

The reason for this is because energy companies actually have the right under the Electricity Act 1989 to make the Wayleave Agreement “Necessary & Permanent,” which means that despite the termination clause in the Agreement, it becomes a fixed part of the deeds leaving you unable to remove the equipment. Many Wayleave Agreements have a termination clause which would allow you to remove the equipment; however this does not stop it becoming fixed."

JC_Derby

As you have copied straight from the thursfields site I thought I would do the same
the very next paragraph states
"Energy companies have the authority to make an application to the Government to temporarily suspend the removal of the equipment in order to find alternative means to provide the power. And if they cannot find alternative means they will make an application to the Government, to make it “Necessary & Permanent.”


So its a very small set of criteria.


However opposing thursfields view is this from utility serve




"Wayleaves
A Wayleave is a means of providing rights for a company to install and retain their cabling or piping across private land in return for annual payments to the landowner. A Wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier.
Annual Wayleave payments made directly by utility companies, for development projects, normally amount to no more than a few pounds in value. These standard payments are calculated from base figures agreed with various national land authorities. However, for underground work and for continuous access, companies normally seek an Easement as described below. Gas network operators also prefer Easement agreements and not Wayleaves.


Easements
An Easement (also known as Deed of Grant) provides similar access rights for installing and maintaining infrastructure equipment, but for a one-off payment and it provides permanent access. An Easement can also be registered at the Land Registry in order to ensure that future owners of the land adhere to it.
Easement payments made directly by utility companies are relatively small and usually about 20 times the equivalent Wayleave payment. However, when developers need permission to cross adjoining land, to bring in service pipes or cables, this can cost several thousand pounds to reach an agreement, subject to open negotiation between the landowner and developer.
Landowners can ask for a previously agreed Wayleave to be replaced with a one-off payment through an Easement, but not the reverse"


Of course we could ask the question here why a solicitors firm would want to put a piece on its site?

xclare

Housing_Benefit_Officer wrote: »

I should have updated you on this. Did it myself - money backdated - yearly cheque. - Took one email and proof of ownership of property.

We have just purchased a property with an electricity pole in the garden, I hope you don't mind me asking but just wondering how much they pay you yearly as struggling to find information online. Thank you

LouLou1956

I have just got an unsolicited letter from Sherwill Drake Forbes. We have an overhead cable but poles not on our land. Is it worth going direct to Western Power Distribution? WEW have been here 28 years- I am also wondering about back-dating?

reeac

We were approached by Barlow a few years ago. We opted for the lump sum which duly arrived ....I recall that it was about £180. What's all the agonising about?

Mister_G

LouLou1956 wrote: »

I have just got an unsolicited letter from Sherwill Drake Forbes. We have an overhead cable but poles not on our land. Is it worth going direct to Western Power Distribution? WEW have been here 28 years- I am also wondering about back-dating?

You can do this all yourself without using a third party.

As you rightly suggest, you should contact your DNO (WPD) directly as they have a wayleaves department that deals with this.

There are two issues here.

1. A wayleave for any plant that is on or crosses your property.

2. Compensation for any devaluation of your property.

I had these issues with SSE (my DNO) and we came to a very amicable financial arrangement at the end of the day. However, I did have an 11kV line oversailing my property and one pole.

kjw5555

Hello, I have just had a letter and I am with Western Poser too, may I ask what they pay per year?