Overhead Power cable easement - Electrical act 1989 & Land Compensation act 1973

bgm_co

Hi, I think I may of posted this in the wrong section earlier so here it is in the Energy section.

I have to meet with my mother today who has been dealing with Sherwill Forbes. She has 3 cables that run over the bottom of her garden about 80ft from the back of the house, her house is valued at 285k from Sherwill Forbes and they say they will get her £3500 and then charge her 10% for their fees.

They have sent her a few letters, and also speak to her in the phone (but on the phone isn't much help, as you can imagine shes old and doesn't make sense of what they are saying and feels put on the spot when discussing things on the phone.). I Don't know a lot about this but am starting to look into it.

Firstly the offer of £3500 probably sounds like a lot of money to her but to me it really doesn't, its about 1.2% of what they valued the property at.

Also she hasn't been given the pros and cons of entering in to a easement deed on her property? so we have no idea what they are.

Nor do we know whether an easement is more beneficial than a wayleaves?

Would the easement also cover all cables? As well as the three cables across the back she also has a power cable that has nothing to do with her house run from a pole outside the garden and attach to the facia board at the front of her property and then run across to a neighbouring property to supply them with power. Would this cable also be taken in consideration?

I understand some peoples view of this as free money.. take it.. But there must be some negatives about adding a deed to your property for electrical cables?

CashStrapped

I would ring a chartered surveyor RICS and get their opinion. Many are more than happy to discuss preliminary things over the phone. Any decision should also involve a solicitor.

You need to ensure you know the pros and cons. Are these overhead powercables as per your post title? Or do they go underground? If you ever sell the property you need to assess if the cables (if overhead) will have any affect on the value and/or desiarability of the property. Even if they are underground you need to know what your rights are if say, you want to build a workshop at the bottom of the garden. Can you build over them etc.

My first port of call would be a conversation with a chartered surveyor.

undaunted

A way leave will be a smaller annual payment & can be withdrawn later. An easement is a permanent grant for a one off payment


http://www.utilityserve.co.uk/wayleaves_and_easement.php


Are Sherwill Forbes doing something you can't do yourself?


An electricity distributor wishes to put lines across your Mums property. Can you deal with them direct and save that money? If this is their opening offer, there is no other means of access & they need it badly enough perhaps you could even squeeze them for a bit more?


If you prefer someone with expertise in the field to deal but want an alternative quote before making your mind up there's also http://www.wayleave.co.uk/wayleave-advice.htm

bgm_co

Thanks for the advice. I'm going to send my questions in writing first to the people who are supposedly dealing with the case.

I just don't want her making the decision based on a lump of money with out knowing if there are any pitfalls to entering in to an easement.

CashStrapped

bgm_co wrote: »

I'm going to send my questions in writing first to the people who are supposedly dealing with the case.

That is a good initial step to take but I would still suggest that you speak to and instruct a qualified surveyor (preferably a RICS chartered surveyor with experience in these matters) at some point to independently represent your mother and her best interests.

I would not take any answers or guarantees the company may give you at face value. You need your own independent advice.

You could even suggest they pay for it as that is what happens in party wall issues. There may even be a precedent for them to cover your costs.

JC_Derby

Can I just say that SF are only doing something that you or your mother can do for herself., They will also be charging the DNO a fee for working for your mother.


The DNO would rather deal with you/your mother direct, than paying a fee to ambulance chasers


Not at all sure why you would need a chartered surveyor, the lines either cross the property or they don't.


as for the value of the property - that has nothing to do with the fee to cover the wayleave or easement. (feel free to Pm me if you so wish, ill offer advice if you want freely if I can


cashstrapped, looks like the op states the oh lines were already there, the value of the property would remain unchanged as they were probably there when it was purchased.