flanagaj Posted August 27 Share Posted August 27 So our plot has an electricity pole in the garden and it's about 6 feet from the boundary. The neighbour told us sometime ago, that the electricity company replaced all of them, except that one as there was a wooden office building next to it, and they could not easily replace it. Now the site is cleared, I contacted the electricity company to ask whether they could relocate it to the boundary, as it will make it easier for them in the future as it would be next to a field with much easier access. They said of course, but you can pay for it. I have read on this forum, that some people have manged to get them relocated for free, and I was wondering if so, what was the trick used to get it moved without having to pay? Link to comment Share on other sites More sharing options...
Conor Posted August 27 Share Posted August 27 (edited) If there is no wayleave in place, they will have to move it, if you insist. If there is a wayleave, then you'll have to pay for the privilege. Your legal pack when you bought the site should have this info. If not, request from the network owner. Edited August 27 by Conor 3 Link to comment Share on other sites More sharing options...
flanagaj Posted August 27 Author Share Posted August 27 12 minutes ago, Conor said: If there is no wayleave in place, they will have to move it, if you insist. If there is a wayleave, then you'll have to pay for the privilege. Your legal pack when you bought the site should have this info. If not, request from the network owner. Thanks Conor Link to comment Share on other sites More sharing options...
Alan Ambrose Posted August 27 Share Posted August 27 I believe the wayleave is also keyed to the landowner, not the land - so it becomes void with a new owner. Check out old posts here on this subject. 2 Link to comment Share on other sites More sharing options...
flanagaj Posted August 28 Author Share Posted August 28 11 hours ago, Alan Ambrose said: I believe the wayleave is also keyed to the landowner, not the land - so it becomes void with a new owner. Check out old posts here on this subject. That’s interesting. So SSE telling me I’ve got to pay to have the pole moved is strictly not correct. Link to comment Share on other sites More sharing options...
garrymartin Posted August 28 Share Posted August 28 Wayleaves aren't necessarily tied to the owner. Conor has the right approach. Check your legal pack as it should be mentioned. Get a copy of the title for your plot and check for anything in there as it may be registered against the land or may be a specific easement. If there's nothing in your legal pack or title for the plot, ask SSE to provide the wayleave and then, assuming one exists, you'll be able to see the terms and decide how to proceed. 1 Link to comment Share on other sites More sharing options...
TommoUK Posted August 28 Share Posted August 28 Utility (& telecoms) companies have powers (enshrined in Acts of Parliament) to seek retention of their equipment via the courts even if a wayleave has expired. As others have said, you need to get hold of a copy of the agreement. If it's a Wayleave (temporary) as opposed to an easement (permanent), has the utility company paid their rent? Has the Wayleave expired? If you want to terminate you may have to provide grounds for terminating (eg. redevelopment or non payment of rent). If you want to relocate the asset it likely this is provided for in the agreement although my guess is you would be required to pay the cost if its mid-term and/or you require the equipment to supply your house. 1 Link to comment Share on other sites More sharing options...
Mike Posted August 28 Share Posted August 28 The best solution is to find a problem with the pole or the cable... 23 hours ago, flanagaj said: The neighbour told us sometime ago, that the electricity company replaced all of them, except that one as there was a wooden office building next to it, and they could not easily replace it. ...so there was presumably a problem with the other poles, maybe this one too? 1 Link to comment Share on other sites More sharing options...
flanagaj Posted August 28 Author Share Posted August 28 Our solicitor confirmed today that there is no wayleave agreement tied to the land 1 Link to comment Share on other sites More sharing options...
TommoUK Posted August 28 Share Posted August 28 ..as far as Im aware there is no requirement to register a wayleave on the title so I'm not sure how they would know for sure 1 Link to comment Share on other sites More sharing options...
GEO-PAR Posted August 28 Share Posted August 28 (edited) I had the same issue recently and was quoted 13.5k to move it. I asked about wayleaves and she said they'd move the pole for nothing but wouldn't allow me to connect into it for the new property. Managed to solve it in the end for much less (just putting in a taller pole which isn't ideal but gets' me out of trouble). I would suggest getting clued up on wayleaves before having NatGrid out. Edited August 28 by GEO-PAR Link to comment Share on other sites More sharing options...
flanagaj Posted August 29 Author Share Posted August 29 So the wayleave department have come back to me this morning. There is a wayleave agreement in place dated 1936. The address is to the large house nearby, which must have sold off land since then. So what options are there given a house that no longer owns the land is potentially receiving the wayleave payment. Can I insist that the pole is moved across the boundary onto their land? The plot we purchased was probably sold at least 40 years ago to the people we purchased it from. certainly don’t want to have to pay £££ to have it moved. Link to comment Share on other sites More sharing options...
Dave Jones Posted August 29 Share Posted August 29 so when you bought the plot, your solicitor would have gotten all the wayleave details no ? Link to comment Share on other sites More sharing options...
flanagaj Posted August 29 Author Share Posted August 29 8 minutes ago, Dave Jones said: so when you bought the plot, your solicitor would have gotten all the wayleave details no ? No. Seller made no mention of them. I suspect they didn’t know either. I didn’t pay for a utility search as I thought that just told you what services are available, not whether there is a wayleave agreement. Link to comment Share on other sites More sharing options...
Dave Jones Posted August 29 Share Posted August 29 sounds like your going to paying for moving it then, they have a valid paid for wayleave. doesnt matter if ownership changes it doesnt negate it. pays never to skimp on legal searches. Link to comment Share on other sites More sharing options...
garrymartin Posted August 29 Share Posted August 29 29 minutes ago, flanagaj said: So the wayleave department have come back to me this morning. There is a wayleave agreement in place dated 1936. The address is to the large house nearby, which must have sold off land since then. So what options are there given a house that no longer owns the land is potentially receiving the wayleave payment. Can I insist that the pole is moved across the boundary onto their land? Generally, no. Ask to see a copy of the wayleave and the associated plan. Post it here if you want some scrutiny but it's unlikely you'll be able to get it moved to someone else's land. It doesn't matter that part of the land has been sold; the wayleave would still be in effect for anything covered by the plan area. https://www.gov.uk/guidance/guidance-on-access-agreements "The difference between these forms of agreement had particular importance in the past, because the relevant form determined whether any subsequent purchaser of the land would be ‘bound’ (required to uphold) rights granted under the agreement and what Land Registry requirements applied. The Code reforms introduced in 2017 dealt with this issue. Regardless of form of code agreement (wayleave or easement), a successors in title (subsequent owners or purchasers) remain bound to code rights previously agreed." Our proposed plot has a wayleave in place for underground telephone cables and an easement for a 3" PVC water main. The terms of both allow us to request that they be moved (or removed), but the associated costs would be ours to bear. We can also only have them moved to land in our ownership - I can't request that they move them to someone else's land. Obviously, if someone else gives permission, then that is a different matter, but you would still be responsible for all costs. Link to comment Share on other sites More sharing options...
Alan Ambrose Posted August 29 Share Posted August 29 (edited) >>> There is a wayleave agreement in place dated 1936. Yeah right, I bet they're not paying anyone for that. Did you get a copy from them? They may not even have a copy, in which case, it effectively doesn't exist. My general expectation is that you can generally rescind the agreement, especially if they're not paying for it. Then it becomes a bun fight over when the pole is going to be moved. You may lose that if you don't have years to spare, but it is a negotiating point. Edited August 29 by Alan Ambrose Link to comment Share on other sites More sharing options...
Dave Jones Posted August 29 Share Posted August 29 could have been a 1 off payment to the original owner though. Allways worth checking when doing legals. Link to comment Share on other sites More sharing options...
Alan Ambrose Posted August 29 Share Posted August 29 Yep, but a lot of the wayleave department's work at DNOs is smoke and mirrors, so I would keep pushing until you get to the actual facts. Link to comment Share on other sites More sharing options...
garrymartin Posted August 29 Share Posted August 29 3 minutes ago, Alan Ambrose said: Yep, but a lot of the wayleave department's work at DNOs is smoke and mirrors, so I would keep pushing until you get to the actual facts. 100% The Electricity Act of 1989 required utility companies to secure their wayleaves, so if there was any issue with the legality of the 1936 wayleave, that should have been addressed at that time. If the DNO can't produce the legal documentation for the wayleave, and the associated plan (if applicable) then they have two options - apply under their compulsory wayleave powers to grant/renew it, or move the pole for you, potentially at their expense in return for you agreeing a new wayleave. Just keep pushing for the actual wayleave legal documentation or tell them in its absence, you want the pole removed. If they can't produce the evidence, they'll usually find some way to work with you to maintain the access they need. Link to comment Share on other sites More sharing options...
flanagaj Posted August 29 Author Share Posted August 29 Here is the copy of the wayleave that they sent me. Our piece of land is the triangular section on the east of the diagram. WHITE LANE_Redacted.pdf Link to comment Share on other sites More sharing options...
garrymartin Posted August 29 Share Posted August 29 Superficially, and IANAL, it looks like you *may* be able to give 12 months' notice requesting the removal of the pole/equipment. They could apply for a compulsory wayleave, but if you are within your legal rights to ask for it to be removed, I'm sure they'd rather work with you to find a solution and would need to demonstrate that they had done this if they did apply for a compulsory wayleave. Link to comment Share on other sites More sharing options...
flanagaj Posted August 29 Author Share Posted August 29 25 minutes ago, garrymartin said: Superficially, and IANAL, it looks like you *may* be able to give 12 months' notice requesting the removal of the pole/equipment. They could apply for a compulsory wayleave, but if you are within your legal rights to ask for it to be removed, I'm sure they'd rather work with you to find a solution and would need to demonstrate that they had done this if they did apply for a compulsory wayleave. Ok, thanks Garry. I am happy for the pole to remain on our land, but I want to get it moved close to the boundary and in the corner of our plot. Do you have any advice as to the best way to proceed. If I raise a request to have the pole moved, they will simply say "no problem, that will be 10k please". Do I do that, and then state well if you want me to pay then I request it be removed? Link to comment Share on other sites More sharing options...
garrymartin Posted August 29 Share Posted August 29 Dear [Electricity Company Name], I hope this message finds you well. I am writing regarding the electricity pole currently situated on my property at [Your Address]. While I do not have any objection to having the pole on my land, its current location poses some challenges for me. Given the circumstances, I would like to explore options for relocating the pole to a more suitable position. However, I am currently unable to cover the costs associated with this. I understand that, under the terms of our agreement, I have the option to provide 12 months' notice for the removal of the pole altogether. I would prefer not to take this route, as I value the service provided and would rather find a mutually agreeable solution. Could you please advise on how we might proceed with relocating the pole at no cost to me? I would greatly appreciate any assistance or guidance you can offer. Thank you for your attention to this matter. I look forward to your response. Best regards, [Your Full Name] [Your Contact Information] Link to comment Share on other sites More sharing options...
flanagaj Posted August 29 Author Share Posted August 29 18 minutes ago, garrymartin said: Dear [Electricity Company Name], I hope this message finds you well. I am writing regarding the electricity pole currently situated on my property at [Your Address]. While I do not have any objection to having the pole on my land, its current location poses some challenges for me. Given the circumstances, I would like to explore options for relocating the pole to a more suitable position. However, I am currently unable to cover the costs associated with this. I understand that, under the terms of our agreement, I have the option to provide 12 months' notice for the removal of the pole altogether. I would prefer not to take this route, as I value the service provided and would rather find a mutually agreeable solution. Could you please advise on how we might proceed with relocating the pole at no cost to me? I would greatly appreciate any assistance or guidance you can offer. Thank you for your attention to this matter. I look forward to your response. Best regards, [Your Full Name] [Your Contact Information] Thank you so much Garry! Your help on this has been amazing, and I really appreciate it. 1 Link to comment Share on other sites More sharing options...
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