Electric Company's use of private land

[blackcat73]

Does anyone know if utility companies such as Electric Co, have the right to use private land for their equipment. Do they have to make payment to the landowner, for example? On clearing away part of a hedge to widen a driveway, we have discovered a supporting stay for a 'telegraph pole' planted in our land. The pole, which this 'stay' supports is actually in the garden of the pub, next door. The company have said that they can move it (one foot) into the pub garden, but we will have to pay �290.

[sddsddean]

I think farmers get 'rent' for pylons in the middle of fields etc, but don't if you would for this. It may be its been there so long, no one thought about rent in the 'old' days. For an independant view, I think you should phone your local council and ask to speak to someone in the planning department. They should be able to give you an opinion and help you out.

[Maudlettice]

If it has been there for twelve years or more they will claim ownership of the strip of land concerned by what is legally called "adverse possession". If for less than 12 years then they are trespassing, and if they refuse to remove it you can do so and charge them.

[Maudlettice]

PS. I perhaps should have added that the pole could have been put up at one date and the stay added very much later when it leaned or something was added or changed. It is quite likely that neither side has any accurate information as to when the stay was put there, so (very nicely) offer to go halves. If this does not work, then pay the �290 as it will be worth it to clear your plot and keep your deeds clean. Otherwise you will have to proceed via the Land Registry and a Court, for which you must employ solicitors and counsel, and from many years experience of these matters I can tell you that at the end you will have no change from �20,000.

[Harley]

The right to use land by the utility companies is call "Wayleave" if you put this word into Google you will get loads of hits http://www.nationalgrid.com/uk/social&environment/
grantors.asp is an explanation from the National Grid about it.

[Maudlettice]

Wayleaves are well understood and are as stated in the link given by Harley. However, cat's situation is not a wayleave. A stay has somehow become installed on their land. The Board have not asserted a right to the land, have volunteered that it can be moved and have asked for the trivial sum of �290. It is the bargain of a lifetime. The Board could quite easily claim adverse possession and leave cat to start the legals, which will cost not less than I have said with outcome uncertain. If cat does nothing or upsets the Board, one day they will claim the land, which will be not less than 200mm each side of the wire and not less than 200mm beyond the furthest point of the anchor. The wisest course of action is to phone the Board and get a date for the work against their offer, and then to accept including the date and pre-payment. That way cat will have turned the tables by having a contract by which cat can sue the Board with certainty of success and no costs if the Board do not perform.

[Maudlettice]

Apologies for the typo in the above - it should be 600 mm each side of the wire and 600mm beyond the anchor.

[blackcat73]

Can I say thank you for the answers, especially to Maude, for bothering to submit 3 times. Very clear and concise and although not exactly what I wanted to hear, more or less what I expected.

[Hammer]

I have a similar situation - there are stays in my front garden and just across my driveway (outside my property on the pavement, but still leaving enough room to get a car in and out). I would like to try to do something about them - where should I start?

[Maudlettice]

Just contact the Engineers Department of your Electricity Company and ask for an Engineer to come out and discuss the matter with you (you may find yourself with an Engineer from a company called 24/7), langer. Do you understand that which I have written above about adverse possession, if not please say and I will amplify? If they say that the items can be moved they will almost certainly want you to contribute a few hundred pounds. Pay it, the value to you of clearing your land and deeds of their items far outways what they may charge you.

[Hammer]

Thanks Maude, I do understand the adverse possession stuff, but is it for me to prove it hasn't been there 12 yrs, or for them to prove it has?

[Maudlettice]

The outlook of the Elect Co's has changed dramatically in recent years due to foreign ownership and outsourcing. With your specific problem if you went to them and said " there is no need for these stays to be in my garden, move them, please " this would be referred to a central legal dept (which is very small) and perceived as a threat. The reaction would be " let a court tell us what to do " and the job sub-let to a local legals. In seeking a statement from the court they would claim adverse possession and allege that you are seizing the land. You would have to appear, aand whether you submit or defend half the costs at least would be to you ( the total costs in these matters are never less than �20000 ). Underlying would be the question " why does this person want to remove these items " and if the answer is to plant wallflowers you will receive an Order from the Court forbidding removal other than by a further Court Order, which means more legals and another 12 months. However if you can suggest alternative places for the anchors and have the agreement of neighbours/Highway Authority etc at the initial meeting with the Engineer you are almost certain to succeed, but you will have to do this, the Elect Co will not.

[Maudlettice]

A bit is missing from this posting. Yes, you will have to prove no adverse possession. If you succeed, the Court will not not permit interruption of the electricity supply if the Elect Co go on to argue that retention of the stays in their existing position is vital, and the Court Order as described will be issued.