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  • FIRST POST
    • Housing Benefit Officer
    • By Housing Benefit Officer 16th Apr 15, 4:13 PM
    • 2,392Posts
    • 4,263Thanks
    Housing Benefit Officer
    Wayleave Payments - Barlow & Sons
    • #1
    • 16th Apr 15, 4:13 PM
    Wayleave Payments - Barlow & Sons 16th Apr 15 at 4:13 PM
    Last week a company called Barlow & Sons approached me as I have a couple of electricity polls over my land. They have told me I should be entitled to something called a Wayleave payment from National Grid for siting electricity equipment on my land backdated 6 years and I could ask for a 15 year in advance lump sum or an annual payment. I could be getting a nice windfall.

    Has anyone come across this company before - I have yet to sign - they charge no fees or costs.

    Thoughts anyone?

    http://www.barlowandsons.co.uk/homeowners/easement/
    These are my own views and you should seek advice from your local Benefits Department or CAB.
Page 2
    • JC_Derby
    • By JC_Derby 23rd Sep 16, 9:55 PM
    • 651 Posts
    • 231 Thanks
    JC_Derby
    Your first post and you drag up a thread from 6 months ago? OK


    So how does this £280 compare to the NFU rate?
    • IHSIHS
    • By IHSIHS 1st Oct 16, 1:11 PM
    • 2 Posts
    • 0 Thanks
    IHSIHS
    It pays to shop around.
    So what? Re wayleave entitlement, people are still being plagued by cold-canvassing 'snail-mail', email and even door-to-door salesmen touting for business on behalf of firms of lawyers. Many people are unaware that it pays to shop around and not jump at the first offer, and that is the only point of my post.

    As far as negotiation is concerned, I remain out of my depth. You imply that the NFU rate is the gold standard. I'm unaware that there is a gold standard for wayleave payments. It seems to be a free-for-all, which is being exploited by lawyers big-time.
    • JC_Derby
    • By JC_Derby 3rd Oct 16, 9:08 PM
    • 651 Posts
    • 231 Thanks
    JC_Derby
    Interesting passive-aggressive initial sentence.


    In response to the rest of your email...you manage to find 3 companies that do this sort of work, but have never heard of the NFU and their rates nor be inclined to try and find it, despite it being your moral duty to ask these other companies?


    you also provide no information as to what equipment is on your land or above it. to allow a comparison or others advice..


    Your final sentence is sage advice....Do your research.
    • Housing Benefit Officer
    • By Housing Benefit Officer 22nd May 17, 8:59 PM
    • 2,392 Posts
    • 4,263 Thanks
    Housing Benefit Officer
    I should have updated you on this. Did it myself - money backdated - yearly cheque. - Took one email and proof of ownership of property.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
    • marcbertasius
    • By marcbertasius 15th Feb 18, 10:32 AM
    • 1 Posts
    • 0 Thanks
    marcbertasius
    For anyone still being approached.

    A word of caution if you ever choose to sell your property.

    Taken from thursfields.co.uk/wayleave-agreements-what-they-are-what-they-mean-to-you/

    "Wayleave Agreements are particularly important because they don’t just apply to the landowner who took them out but their “successors in title”, which means all who purchase and own the property since the agreement was taken out. So if you are purchasing a property with a Wayleave Agreement in place, chances are you are purchasing the agreement too, and therefore allowing the energy company the right to use your land to supply electrical power to the country. You should therefore seek legal advice from your conveyancer if you believe the property you are purchasing is subject to a Wayleave Agreement.

    The reason for this is because energy companies actually have the right under the Electricity Act 1989 to make the Wayleave Agreement “Necessary & Permanent,” which means that despite the termination clause in the Agreement, it becomes a fixed part of the deeds leaving you unable to remove the equipment. Many Wayleave Agreements have a termination clause which would allow you to remove the equipment; however this does not stop it becoming fixed."
    • JC_Derby
    • By JC_Derby 16th Feb 18, 10:52 PM
    • 651 Posts
    • 231 Thanks
    JC_Derby
    As you have copied straight from the thursfields site I thought I would do the same
    the very next paragraph states
    "Energy companies have the authority to make an application to the Government to temporarily suspend the removal of the equipment in order to find alternative means to provide the power. And if they cannot find alternative means they will make an application to the Government, to make it “Necessary & Permanent.”


    So its a very small set of criteria.


    However opposing thursfields view is this from utility serve




    "Wayleaves
    A Wayleave is a means of providing rights for a company to install and retain their cabling or piping across private land in return for annual payments to the landowner. A Wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier.
    Annual Wayleave payments made directly by utility companies, for development projects, normally amount to no more than a few pounds in value. These standard payments are calculated from base figures agreed with various national land authorities. However, for underground work and for continuous access, companies normally seek an Easement as described below. Gas network operators also prefer Easement agreements and not Wayleaves.


    Easements
    An Easement (also known as Deed of Grant) provides similar access rights for installing and maintaining infrastructure equipment, but for a one-off payment and it provides permanent access. An Easement can also be registered at the Land Registry in order to ensure that future owners of the land adhere to it.
    Easement payments made directly by utility companies are relatively small and usually about 20 times the equivalent Wayleave payment. However, when developers need permission to cross adjoining land, to bring in service pipes or cables, this can cost several thousand pounds to reach an agreement, subject to open negotiation between the landowner and developer.
    Landowners can ask for a previously agreed Wayleave to be replaced with a one-off payment through an Easement, but not the reverse"


    Of course we could ask the question here why a solicitors firm would want to put a piece on its site?









    • xclare
    • By xclare 14th Apr 18, 11:16 PM
    • 7 Posts
    • 1 Thanks
    xclare
    I should have updated you on this. Did it myself - money backdated - yearly cheque. - Took one email and proof of ownership of property.
    Originally posted by Housing Benefit Officer
    We have just purchased a property with an electricity pole in the garden, I hope you don't mind me asking but just wondering how much they pay you yearly as struggling to find information online. Thank you
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