Things to do when somebody wants to come on your land

Tthis is commonplace across the country and often provides a nominal annual wayleave payment in recognition of the apparatus being on their land. However, with increased demand and capacity issues, service providers may be looking to upgrade or install new infrastructure and therefore land and property owners may be approached by a third party wanting to take access over their land to lay new pipes, cables, sub stations or replacement apparatus.

These are generally works carried out by companies such as Severn Trent and Western Power but could equally be private developers for renewable energy or new residential schemes.

If this situation ever arises, would you know your rights? Or how to you ensure that you don’t miss out on financial compensation that you may be entitled to?

The basis of compensation is to ensure that the affected parties are left in no better or worse position than they would have been had the works not been carried out. In essence, you should be compensated for anything you are set to lose or any additional work you are required to do as a result of the works.

In order to stand the best chance of getting what is owed to you it is essential that you:

• Understand what they want to do on your land and agree this in detail to the last strand of barbed wire

• Understand timescales, when they will start, when they will finish

• Negotiate, if the proposed route or timescales don’t work for you don’t be afraid to ask if they can be amended

• Agree a photographic record of condition of the site before works are carried out

• Agree exactly where they can go, what they can do, and with what equipment

• Agree that they will pay for your time as well as your agent’s, should you choose to appoint one

• Agree who will be responsible for reinstatement

• Keep a detailed diary and record of the time you spend liaising with the different parties or working over and above normal as a result of the works

• Keep an eye on what is being done and make sure it is what you agreed to

• Don’t forget to submit your claim when the works are completed!

Whether it be related to water, electricity, solar or another type of development. If you have been approached by a utility provider or private developer, don’t be afraid to ask for help, professional fees are a standard part of the compensation.

Likewise, if you have apparatus on your property and no annual payment, request a copy of the Agreement from the utility company. If there isn’t one, you may be due a payment!

Melanie Holt, rural chartered surveyor, Moule & Co