Pylon in the garden

owenrhys84

Hi,

Any help would be really appreciated.

Based in Wales, bought the property in November 2018.  Pylon located in the back garden, preventing me from developing the garden.  I contacted the electric company for our area that would own it - Western Power - and after a little investigation they confirmed the Pylon belongs to Open Reach.  They DID however, advise that they have an electricity wire very slightly crossing my front garden from across the road, so they've offered £250 for a 15 year wayleave agreement.  I'm quite happy with this from Western Power considering you can not notice the wiring.  However, Open Reach are playing a different game.

I just want the pylon removed as it is a complete eye sore and is in the way of me doing up the garden.  They've offered me £153 Wayleave, which I think is ridiculous considering I got £250 for a tiny electrical wire that I can't even see for a 15 year agreement.  This Pylon is full sized and provides Open Reach accessibility (yes, to my property) but also to 4 or 5 other properties surrounding my house. 

They have just emailed me to say that removal of the apparatus starts with a survey which will cost me £336, and then I can be quoted with how much I will have to pay to have the Pylon and associated wiring/apparatus removed from my land.  I've emailed them back saying that as I am not allowing them to have their apparatus on my land it is them that should be covering the cost of survey and removal.

I wanted to try and sort this one out myself to avoid solicitor fees, but I have a feeling I'm going to need the legal jargon to help. 

If anyone can help?  Was I right that it is Open Reach that should be paying for survey/removal as there is no Wayleave in place, and I am not permitting the use of my land?  Am I going to get anywhere with this, or should I just accept a wayleave agreement (which is stopping me from doing up my small garden)?  And if I am to accept the wayleave, should I not be pushing for more considering the tiny electrical wire at the front is settled at £250 wayleave for 15 years?

Thank you in advance - any help will be much appreciated, and I will feed back to this thread as and when I have updates to help anyone else in similar situations.

DiddyDavies

Was the pylon there when you purchased the property?
If so, I think that you will find it very difficult, if not impossible to get it removed without your having to pay as it would probably be deemed that you accepted it when buying the place because a wayleave is generally tied to the property so if a previous owner agreed to the pylon, it's there legally.

Grumpy_chap

Was the pylon there when you purchased the house (viewing / offer stage), or did it appear by magic while you were asleep?  If it was there at viewing stage, then your purchase price will have taken into account the limitations imposed by the pylon.

Robin9

I think this is better refferred to as pole.   Does it have a DP (Distribution Pole)  plate and number ?

Aylesbury_Duck

Surely this came up in the conveyancing meeting when you bought the house?

We get this a lot in rural Kent.  NIMBYs wanting all the benefits of phone lines, internet, mains gas, electricity, etc. but as long as none of the infrastructure whatsoever inconveniences them or in some cases, is even visible to them!   

davidmcn

DiddyDavies said:

Was the pylon there when you purchased the property?
If so, I think that you will find it very difficult, if not impossible to get it removed without your having to pay as it would probably be deemed that you accepted it when buying the place because a wayleave is generally tied to the property so if a previous owner agreed to the pylon, it's there legally.

Especially if it also serves the OP's house. Might be slightly different if they decided to disconnect from their BT line.

dinglebert

If it was already there then Open Reach or whoever they were at the time would have already paid someone to allow it to be there.  It should have been part of buying the property.  Interesting answer of Open Reach own website

When don't we need a wayleave?

If the owner of the land or property is also the person asking for our service, we don’t need a wayleave.    

Spank

How did you not notice it when you looked at the house? or if you did why didn't you question it? If you couldn't develop the garden you might havd got a reduction in asking price that could have offset the cost if moving it.

Is it an actual pylon or a pole?

photome

I dont get it, you bought a house in 2018 and then they put a pylon in your back garden without permission?

or you bought a house with a pylon in the back garden that you didnt notice till after you moved in and now want it removed?

Or you knowingly bought the house with the pylon there but thought you could just get it removed after purchase ? (presumably with the purchase price taking in to account the pylon)

Flight3287462

So is it a Pylon or a Telephone Pole? 

I would laugh if they came in and just cut the wires and took it away.  Your neighbours wouldn't be too thrilled.

Pollycat

Isn't this a bit like people who buy a house next to a school then complain about cars being parked higgledy-piggledy on the street?
Or buy a house next to a pub and complain about noise at chucking-out time?