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power cables running over my house
randomi15
Posts: 191 Forumite
Hi All,
Purchasing a house which has power cables running over It.
The current over has received x amount from the electricity network to grant easement of overhead electrics
It is for lines which transmit 132k volts over my garden.
Garden is rather large and I am planning some extension. I have pasted all of the points related to owners obligation to them below which does somehow makes sense to me but some of it is too much twisted,
my question for anyone caring to read and help are
is the property trouble and would you avoid it ?
can I ask for the covenant to be broken and cancelled ?
if I want to extend and they do not permit, do I have any options?
The cables are quite high and I am thinking of doing an extension but obviously it is not as easy as it sounds.
who should I contact to ask for clarification ?
if I breach the contract what can happen ?
and other advices?
many thanks
What the covenant says regarding new owner or existing owner is as follow :
The grantor hereby covenants with X and with the intent and so as to bind the Property and every part thereof into whosesoever hands the same respectively may come and for the benefit and protection of X undertaking and the rights and liberties hereby granted as follows:-
NOT without the previous written consent of X (such consent not to be unreasonably withheld) to:
• erect or extend or permit or suffer to be erected or extended any dwellinghouse building or other erection or structure beneath or within 15 metres of the centre point of the electric lines or so as to encroach upon the foundations of any of the towers/poles and stays mentioned in the Schedule hereto or upon the ground supporting the same
• plant or permit or suffer to be planted any timber or other tree on the Property within a distance of 4.8 metres of the electric lines
• alter or permit or suffer to be altered the level of the ground within a distance of 5 metres on either side of the electric lines or within an area of land surrounding each of the towers/poles and stays to a distance of 5 metres therefrom or elsewhere on the Property so as to obstruct vehicular access to any of the towers/poles and stays
• allow or permit or suffer to be allowed any vehicle machinery or plant of any description to approach or pass under or be placed beneath the electric lines unless all parts of any such vehicle machinery or plant and any person thereon do not exceed 4.8m in height
4. Without prejudice to the covenant X contained in clause 2(a) hereof the Grantor for himself and his successors in title acknowledges that the consideration set out in clause 1 of this Deed namely the sum of £X paid to the Grantor is accepted by him in full and final settlement for the rights granted by this Deed and in full satisfaction of any claim now or in the future for any, disruption, inconvenience, disturbance, annoyance or interference (including without prejudice to the generality of the foregoing):
• any loss of amenity suffered by the owner or occupier of any land owned or occupied by the Grantor; and
• any diminution in value of any land owned or occupied by the Grantor due to the existence or exercise of any of the rights contained in this Deed and/or the presence of any electric line and/or any exercise or enforcement by EDF Energy of any of its statutory powers; and
• any other injurious affection which would otherwise give rise to a claim against by the Grantor or others thus affected
(other than death or personal injury arising from X negligence) sustained by the Grantor and/or the Grantor's successors in title and/or those deriving title under him arising from the presence and operation of the electric line upon the Property
5. Where there are two or more persons included in the expression "the Grantor" the obligations and liabilities of such persons under this deed shall be joint and several obligations and liabilities 6
. THE parties hereto hereby apply to the District Land Registrar to enter notice of this Deed and the rights and liberties hereby granted and the covenants hereby imposed on the Register relating to the above Title -
executed as a deed by the. parties hereto but not delivered until the day and the year first before written
Purchasing a house which has power cables running over It.
The current over has received x amount from the electricity network to grant easement of overhead electrics
It is for lines which transmit 132k volts over my garden.
Garden is rather large and I am planning some extension. I have pasted all of the points related to owners obligation to them below which does somehow makes sense to me but some of it is too much twisted,
my question for anyone caring to read and help are
is the property trouble and would you avoid it ?
can I ask for the covenant to be broken and cancelled ?
if I want to extend and they do not permit, do I have any options?
The cables are quite high and I am thinking of doing an extension but obviously it is not as easy as it sounds.
who should I contact to ask for clarification ?
if I breach the contract what can happen ?
and other advices?
many thanks
What the covenant says regarding new owner or existing owner is as follow :
The grantor hereby covenants with X and with the intent and so as to bind the Property and every part thereof into whosesoever hands the same respectively may come and for the benefit and protection of X undertaking and the rights and liberties hereby granted as follows:-
NOT without the previous written consent of X (such consent not to be unreasonably withheld) to:
• erect or extend or permit or suffer to be erected or extended any dwellinghouse building or other erection or structure beneath or within 15 metres of the centre point of the electric lines or so as to encroach upon the foundations of any of the towers/poles and stays mentioned in the Schedule hereto or upon the ground supporting the same
• plant or permit or suffer to be planted any timber or other tree on the Property within a distance of 4.8 metres of the electric lines
• alter or permit or suffer to be altered the level of the ground within a distance of 5 metres on either side of the electric lines or within an area of land surrounding each of the towers/poles and stays to a distance of 5 metres therefrom or elsewhere on the Property so as to obstruct vehicular access to any of the towers/poles and stays
• allow or permit or suffer to be allowed any vehicle machinery or plant of any description to approach or pass under or be placed beneath the electric lines unless all parts of any such vehicle machinery or plant and any person thereon do not exceed 4.8m in height
4. Without prejudice to the covenant X contained in clause 2(a) hereof the Grantor for himself and his successors in title acknowledges that the consideration set out in clause 1 of this Deed namely the sum of £X paid to the Grantor is accepted by him in full and final settlement for the rights granted by this Deed and in full satisfaction of any claim now or in the future for any, disruption, inconvenience, disturbance, annoyance or interference (including without prejudice to the generality of the foregoing):
• any loss of amenity suffered by the owner or occupier of any land owned or occupied by the Grantor; and
• any diminution in value of any land owned or occupied by the Grantor due to the existence or exercise of any of the rights contained in this Deed and/or the presence of any electric line and/or any exercise or enforcement by EDF Energy of any of its statutory powers; and
• any other injurious affection which would otherwise give rise to a claim against by the Grantor or others thus affected
(other than death or personal injury arising from X negligence) sustained by the Grantor and/or the Grantor's successors in title and/or those deriving title under him arising from the presence and operation of the electric line upon the Property
5. Where there are two or more persons included in the expression "the Grantor" the obligations and liabilities of such persons under this deed shall be joint and several obligations and liabilities 6
. THE parties hereto hereby apply to the District Land Registrar to enter notice of this Deed and the rights and liberties hereby granted and the covenants hereby imposed on the Register relating to the above Title -
executed as a deed by the. parties hereto but not delivered until the day and the year first before written
0
Comments
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Dear lord, i have legal qualifications but i'm not even going to start deciphering that lot!
Ask your bloody solicitor!0 -
just answer the questions then based on your experience 0
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Wouldn't touch it with a barge pole, power lines over or near properties make them very difficult to sell.
Add on the problems of building an extension under or close to them and I wouldn't touch it with your barge pole either.0 -
The most important thing to consider is whether someone died under the power cables.0
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In seriousness.
I have not read the covenant, my beer is getting warm. But...
>is the property trouble and would you avoid it ?
It's not trouble unless you want to start messing around breaching the covenants
>can I ask for the covenant to be broken and cancelled ?
Yes, but the entity who put the covenant in and who benefits from it - probably National Grid - will say no
>if I want to extend and they do not permit, do I have any options?
Build anyway and then expect to have the tear it down
>who should I contact to ask for clarification ?
Your solicitor as has been mentioned
>if I breach the contract what can happen ?
I don't know. Probably the benefactor can sue you.
The covenants are probably not your vanilla "No caravans, must mow the lawn, no noise on a Sunday" rubbish that most houses have. They will be there for your safety and for the integrity of the power grid that serves your town.
So don't f*** around breaking them,0 -
is the property trouble and would you avoid it ?
Not on principle, no.
If you're prepared to pay for the costs involved in diverting the cables somewhere else, perhaps.can I ask for the covenant to be broken and cancelled ?
Not if they're keeping to the terms of the deed, no.if I want to extend and they do not permit, do I have any options?
Your solicitor.who should I contact to ask for clarification ?
The transmission company will get a court order requiring you to undo whatever daft thing you've done.if I breach the contract what can happen ?
If this bothers you so much, why not buy one of the 99% of properties which don't have high voltage wires over them?and other advices?0 -
Covenants are all straight forward enough just read them 1 at a time a check if what you are planning would breach them
The 15mtr one and 5mtr either side seems to be key as this would certainky restrict you building under them and depending of course on how high they are whether you can build 5mtrz away from them
Also where are the poles (are they in your garden)?
How much are they paying for these covenants?Left is never right but I always am.0 -
Mistermeaner wrote: »How much are they paying for these covenants?
OP said:
The current over has received x amount from the electricity network to grant easement of overhead electrics
From "has received" it sounds like it was a one-off payment rather than an on going annual payment ("are they paying").
Hopefully the price of the house already factors this payment in.0 -
The payments will be literally £'s. Probably not even within the hundreds.0
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