Should we accept offer to buy easement vs. compulsory purchase?

Bricks

Well, after over a year of back-and-forth on this, which involved quite a lot of my time researching options and dealing with various bits of paperwork arising, we got as far as an agreement being drawn up and sent to us to sign. And then a week or two later, an announcement that they no longer need this easement thanks to a change of route.

Of course, this means we won't receive the payment that they initially offered; the entire motivation to engage in this process.

Unsurprisingly, I'm not just annoyed about that, but the not insignificant amount of my time they've wasted. Meanwhile, as far as I know the solicitor and surveyor involved will get paid.

I suppose I would also be wasting my efforts in any attempt to claim some kind of compensation for my own time?

I'm aware that a "heads of terms" agreement isn't legally binding as such, but does it set up any reasonable expectation that if they pull out at the last minute, there should be some recognition of the time and trouble it's caused us as homeowners?

Section62

Bricks said:

I suppose I would also be wasting my efforts in any attempt to claim some kind of compensation for my own time?

What kind of utility was involved - e.g. water, electricity, gas, sewerage?

Unless the HoT included something about compensating you for your time then you'd be reliant on any statute law provision for compensation.  Which in turn depends on the type of utility involved.

Bricks

Section62 said:

Bricks said:

I suppose I would also be wasting my efforts in any attempt to claim some kind of compensation for my own time?

What kind of utility was involved - e.g. water, electricity, gas, sewerage?

Unless the HoT included something about compensating you for your time then you'd be reliant on any statute law provision for compensation.  Which in turn depends on the type of utility involved.

Electricity - National Grid.

Section62

Bricks said:

Section62 said:

Bricks said:

I suppose I would also be wasting my efforts in any attempt to claim some kind of compensation for my own time?

What kind of utility was involved - e.g. water, electricity, gas, sewerage?

Unless the HoT included something about compensating you for your time then you'd be reliant on any statute law provision for compensation.  Which in turn depends on the type of utility involved.

Electricity - National Grid.

Unfortunately not an area I know very well.  I'd expect the answer to be in the Electricity Act 1989 and/or the Land Compensation Act 1961, but can't see anything obviously applicable where you've entered into a negotiation rather than being subject to CPO.

Does the correspondence from National Grid quote the title of the legislation that gave them the powers to negotiate with you?

If nobody else here knows the answer then you may need to ask your solicitor. But there's a risk that the cost of further legal advice might exceed the value of any compensation you may be entitled to.

Bricks

Section62 said:

Bricks said:

Section62 said:

Bricks said:

I suppose I would also be wasting my efforts in any attempt to claim some kind of compensation for my own time?

What kind of utility was involved - e.g. water, electricity, gas, sewerage?

Unless the HoT included something about compensating you for your time then you'd be reliant on any statute law provision for compensation.  Which in turn depends on the type of utility involved.

Electricity - National Grid.

Unfortunately not an area I know very well.  I'd expect the answer to be in the Electricity Act 1989 and/or the Land Compensation Act 1961, but can't see anything obviously applicable where you've entered into a negotiation rather than being subject to CPO.

Does the correspondence from National Grid quote the title of the legislation that gave them the powers to negotiate with you?

If nobody else here knows the answer then you may need to ask your solicitor. But there's a risk that the cost of further legal advice might exceed the value of any compensation you may be entitled to.

Thanks.

I don't see any obvious reference in the initial correspondence.

The letter that came with the Heads of Terms document that we were originally asked to sign says "in return for you entering into the deed voluntarily, you will receive a payment of £xxx if theHoT are returned prior to [date]". We did return the HoT prior to that date, and we were ready to enter into the deed voluntarily, and I have that deed here waiting for us to sign it... but it's not signed by them, so I guess there is no deed to enter into.

Another angle on this is that there was quite a delay waiting for the surveyor to do stuff. In fact (to my surprise) the surveyor had negotiated the amount upwards for us. I suspect that if the surveyor had acted more quickly (and not attempted to negotiate the amount) then things might have been completed a month or two ago, before they decided to pull out.

Although, I wonder if they always knew they might not actually require this easement, and would have simply sat on the deed signed by us until they knew which way it was going to go.