Section 37

[Wheatie]

Hi,

Would anyone happen to have some knowledge of planning issues as far as Section 37 OHLs are concerned (Scotland).

 

My partner and I are looking to build a home on a plot that had a distribution OHL rebuild within the last 20years. The landowner from whom we purchased does not recall consenting placement of apparatus, and the electricity company are withholding the relevant landowner consent required (at the time) to process the Section 37 (recently come to light).

 

The electricity legal representative is stating that by accepting a voluntary wayleave, we have 'regularised' the situation......however, if the correct landowner was never engaged during the initial Section 37 process, how can the current landowners be liable or accept the position imposed upon them.

 

Something doesn't see to hold true - are there any experts who can advise.

 

Best Regards,

Wheatie

[ProDave]

What is the root of your question?  Are you seeking a loophole to make them move it free of charge or remove it?

 

So I assume you have just bought the land with the OHL's?  Did you actually sign a wayleave in that process?  If you did I suspect you have "accepted the situation"?