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Right of access without wayleaves

fidav
fidav Posts: 5 Forumite
Situation: Scotland, croftland. neighbour put in planning permission for a second house on their land to which I objected. Planning granted. There is currently no communication between them and us (and they never consulted us before they applied for planning) Proposed building goes underneath low wattage power lines which cross their land, onto ours. No poles on their land but lines go over and onto our land where there are 2 poles - ultimately feeding us and two other properties. No evidence of wayleaves in place anywhere. Today have received letter from SSE informing us that one week today electric will be turned off for 6 hours for "essential work" involving "re-positioning low voltage power line" The letter does not ask permission to access the poles on our land --I feel it should have done. I know they cannot re-position these lines without accessing my garden area (not the farmland/croft land but my garden area) I am in a position where I will have to ask for a day off work to be here so I can make sure no damage is done to my garden. Really angry about this -- but as planning has been granted there is not much I can do. Surely SSE should specifically ask for access?? Any advice?

Comments

  • footyguy
    footyguy Posts: 4,157 Forumite
    1,000 Posts Combo Breaker
    fidav wrote: »
    Situation: Scotland, croftland. neighbour put in planning permission for a second house on their land to which I objected. Planning granted. There is currently no communication between them and us (and they never consulted us before they applied for planning) Proposed building goes underneath low wattage power lines which cross their land, onto ours. No poles on their land but lines go over and onto our land where there are 2 poles - ultimately feeding us and two other properties. No evidence of wayleaves in place anywhere. Today have received letter from SSE informing us that one week today electric will be turned off for 6 hours for "essential work" involving "re-positioning low voltage power line" The letter does not ask permission to access the poles on our land --I feel it should have done. I know they cannot re-position these lines without accessing my garden area (not the farmland/croft land but my garden area) I am in a position where I will have to ask for a day off work to be here so I can make sure no damage is done to my garden. Really angry about this -- but as planning has been granted there is not much I can do. Surely SSE should specifically ask for access?? Any advice?

    Take photos
    Goto to work
    Take more photos on return from work if any damage evident that you wish to claim compo for

    Good luck!
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    fidav wrote: »
    Really angry about this -- but as planning has been granted there is not much I can do. Surely SSE should specifically ask for access?? Any advice?
    What do you want to do? Highly unlikely you can prevent this happening although you may be able to change when it happens but is there any point to doing that.
  • fidav
    fidav Posts: 5 Forumite
    I really wanted to get other people's opinions on whether SSE have right to access without specifically asking for permision...which neither they nor the neighbours involved have done
  • JC_Derby
    JC_Derby Posts: 818 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    SSE haven't asked to access your land, you are making a BIG assumption that they are going to.
    Why don't you just ring up SSE and ask them if that is the case?
  • JC_Derby
    JC_Derby Posts: 818 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    fidav wrote: »
    I really wanted to get other people's opinions on whether SSE have right to access without specifically asking for permision...which neither they nor the neighbours involved have done

    Also yes they do...if the line fell down across your land and you were on holiday would you want them to put it up again to get your electricity back on?
    I know its a different scenario....and you are rightly upset. But I feel that SSE are bearing the brunt of your anger, because you cant say or do anything about your neighbours new build.


    speak to SSE. fact find, then if required - still be angry. at the moment you are winding yourself up about something that MIGHT not be happening.
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