On Tue, 6 Jan 2009 04:04:16 -0800 (PST), fotonix wrote:
> HNY to all!
>
> I'm just now arranging for Scottish Power Networks to remove a pole
> they have in my garden, and for which they are not prepared to pay an
> adequate compensation (it doesn't supply my property), despite lengthy
> discussions that could have avoided the removal costs.
>
> Is permission required for electricity lines to cross overhead one's
> property? They currently cross over my garden, which limits what
> trees and so on I can grow there.
>
> All constructive replies welcomed!
Long answer coming up. Oh, and it's definitive. I know a lot about
wayleaves!
You've mentioned in another reply that a wayleave is extant. Wayleaves are
determinable (cancellable) if either side gives the requisite notice.
That's normally 12 months. The supply company almost certainly will do
nothing until that 12 months is up if you give notice, and then they'll
drag their feet about any alterations.
Is there another location in the garden that you can offer them for a pole,
to move at their expense? You may get a speedier and more cooperative
result if you can offer them an alternative position, besides which you are
also strengthening your own position.
If you dig your heels in and tell them to get rid of the pole, you're not
having it anywhere on your land, then they can and almost certainly will
apply for a 'necessary' wayleave. These used to be called compulsory
wayleaves until the Electricity Act of 1989 was enacted as part of the
industry privatisation.
Compulsory wayleaves always used to be quite difficult to obtain, but the
act places much less onus on the supply company to come to a mutually
satisfactory arrangement with the landowner. In essence, they now merely
have to demonstrate to the appropriate Secretary of State that they need to
keep the equipment in it's present location to maintain supplies to
customers.
If they go down that line, rather than moving the pole to a mutually
acceptable location at their expense, you're as good as f*cked. If you
insist on the pole being moved after a necessary wayleave has been granted,
they'll try to charge you full cost for moving the line. That could run to
several thousands!
If you can offer them an alternative position for the pole and they choose
not to do anything about it, you will have a good case for objecting if
they apply for a necessary wayleave. If you don't adopt a cooperative
attitude, they will only have to show that they were dealing with an
uncooperative landowner.
This may not have been what you wanted to hear, but I'd really try to
resolve the issue as amicably as possible. Don't get too stroppy with them,
coz the deck is loaded in their favour!
--
The Wanderer
A consultant will borrow your watch
Then charge if you ask him the time.
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