Do you have the power to seek compensation?
The rural team in Cambridge recently valued a property with a number of pylons negatively impacting the value and the client unaware of any agreement under which they were held.
Our research discovered that the previous owner of the property had entered into a wayleave agreement and was still collecting the annual wayleave payment. In these situations, it is important to obtain the correct advice and we are currently reviewing options for our client to pursue compensation due from the impact of the electricity apparatus on the property itself.
There is a number of questions which apply to these scenarios for compensation where pylons or overhead lines affect your property.
Am I eligible?
The entitlement to claim only lies with those who have a wayleave agreement and not an easement. If you are receiving an annual payment then it is likely that you have a wayleave. An easement on the other hand is a permanent right which the utility company acquired by deed (detailed as a charge in your land registration) and a compensation figure would be paid to you or a previous owner at the time of execution. This permanent right would pass with the property and is not something that disappears on the change of ownership of property.
What compensation can I expect?
The compensation payable is dependent upon a number of factors including the nature of the apparatus and its proximity to your residential property. Apparatus up to 150m away from your residential property is considered to be significant. The compensation is usually applied on a percentage of the property value.
What happens once I’ve received compensation?
The compensation payable provides the utility company with a permanent right on payment of this sum, therefore it is important to take advice as this may ultimately impact future plans for your holding whether it be a development opportunity or a diversification enterprise.
Where do I go from here?
Carter Jonas has experienced professionals in these matters within the Rural and Infrastructures Teams and is well paced to offer advice and negotiate with the utility company on your behalf. If you believe you may have a matter which you wish to review in relation to the utility infrastructure on your property, please contact us.
Mark is a rural partner responsible for agency and professional work in East Anglia.
Since qualifying in 1998 Mark has undertaken asset management of institutional rural property, advised landowners,...