Neighbour's grid connection

[Alexphd1]

I remember reading somewhere that about about the legality of an old wayleave. How do I go about checking this?

[Ferdinand]

For a detailed answer we would need a more detailed question, but here are a few pointers.

There are different types of wayleaves, for service providers (eg BT) supplying services to third parties etc, private ones for the house next door etc. It may also be the case that you are dealing with an "easement", which is slightly different.

AIUI an easement constitutes an interest in the land; a wayleave is an agreement with the owner.

You can look at your, and your neighbours', deeds, nicluding any docs referenced by the record from the Land Registry, which you can obtain by submitting a form. Their phone helpline is usually good. You can also talk to the Wayleaves department of any service provider involved.

I have just posted an article about Wayleaves on larger building sites here, which may have some relevant material:

There may also be more material on the Gardenlaw forums.

Ferdinand

 

 

Edited May 26, 2016 by Ferdinand

[Alexphd1]

Our neighbours power supply runs through my land exactly where we are building our house. I have to pay to move it around the outside of the house and we damaged it during excavation of my site. We have £ 1200 bill for repair.

[ProDave]

An interesting one. A 205KV overhead line passes over my neighbours garden. He has found out it was only on a temporary wayleave when the Dounreay plant was built in the 60's. He has served them notice to remove it (1 yerar notice I believe) The last I hear is they are "negotiating"

[Ferdinand]

I think you need specific advice from your experienced solicitor for your particular situation.

In my opinion it sounds as though you have damaged an electricity supply which  has an easement with the previous landowner's agreement, or has been there for a long time thereby establishing the right to be there. Having damaged it you are probably liable for the repair, and potentially compensation for interrupting their service.

If you have insurance it may cover it, or legal insurance may cover taking advice.

Ferdinand