Utility Wayleave agreements / easements

[Lionhouse]

Hi - I have just joined this site and would like some advice. I am just purchasing a couple of acres of land which comes with planning permission for a new dwelling. There are two relatively small power poles on the site (not near the dwelling site). According to the solicitors and title deeds there are no easements or way leave  agreements in place. Has anyone ever had any experience with utility companies and wayleave agreements and whether if there is any risk in in the power company claiming rights over the land despite the absence of any agreement. Many thanks

[Tosh]

I very much doubt they have any claim on the land itself but they own the poles/cable. If its not bothering you or hindering anything to do with your build then I'd just speak to the utility company and use the absence of a wayleave to negotiate a sweeter deal for the new supply to your house (assuming you buy it). The wayleave will be to install (appreciate in this case its already there) repair and maintain their eqpt. It will give them a right to access the land so just bear in mind e.g. is the land boggy/wet so could easily be cut up by 4x4's, you could prescribe a route across the fields they have to follow to get to the eqpt so to limit any damage to your crops, grazing and/or stipulate which gates they access etc.

[Roys]

When I bought my land 15 years  ago there was no Wayleave in Place so trees were starting to get very close to the 11KV line, I immediately contacted the network Wayleave dept who sent me an agreement to sign, which had the rates they pay you per pole and per stay wire. I signed and then they came on an inspected, Couple of months later there was a fair bit of activity with a pole getting changed and tree / branch clearing work. Yes the soft ground  was chewed up but it heals with 2 or 3 months. It also helps prevent my neighbours and I getting power cuts.

Now they just have a guy walking the cable route every 5 years and then a follow up visit by a 3 man gang for a day chainsawing and clearing, not much, to hardly any ground damage on these follow up visits.

Bonus is, I get a small cheque from them every May.

[Lionhouse]

Thank you Roys and Tosh for your input. I did buy the land and am now negotiating with the power company over a supply and under grounding one of the poles....i'll let you know how I get on...