Electric Wayleave payment

lukehodgson · May 26, 2021

We have small holding (approx 2.5 acres) and have 11KV HV wires going overhead to a pole in our field. After investigating it with Scottish power it turns out no wayleave was ever set up as on their maps it shows it in a neighbours field. They have been out to check and updated their plan to show it now in our field.
They have offered us either a wayleave or easement however offered a very small sum of £9.47 or a lump sum of £189.40.
This seems from what i understand to be vastly less than what is normal and at that cost i would rather them be removed or put in the ground.
Any thoughts on how to proceed or if they are trying to pull one over on me.

In Pulford just south of Chester if that makes any difference.

ThanksView attachment Wayleave plan. - Mr Luke Hodgson - The Woodlands, CH4 9EW - E.98766.pdf View attachment Wayleave plan. - Mr Luke Hodgson - The Woodlands, CH4 9EW - E.98766.pdf

teslacoils · May 26, 2021

Pole and stay #2 you're talking about I presume.

Was the pole and stay there when you purchased it? If so, your solicitor should have sorted the wayleave.

Wayleave payments are standard for all depending on size. Traditional wisdom says keep the annual payment.

If you think they will remove them, or underground them you may be in for a fun time.

Wombat · May 26, 2021

lukehodgson said:
We have small holding (approx 2.5 acres) and have 11KV HV wires going overhead to a pole in our field. After investigating it with Scottish power it turns out no wayleave was ever set up as on their maps it shows it in a neighbours field. They have been out to check and updated their plan to show it now in our field.
They have offered us either a wayleave or easement however offered a very small sum of £9.47 or a lump sum of £189.40.
This seems from what i understand to be vastly less than what is normal and at that cost i would rather them be removed or put in the ground.
Any thoughts on how to proceed or if they are trying to pull one over on me.

In Pulford just south of Chester if that makes any difference.

ThanksView attachment 963485 View attachment 963485

Sounds about a normal wayleave payment rate for a single pole and stay, do any of the lines supply you?

Farmer_Joe · May 26, 2021

If they are paying no way leave tell them you want it removing as it’s trespassing I did this and they put it all endergroud for free! That was to my property in your case it does not look like it directly supplied you so just tell them you don’t want it on you land, send a letter recorded delivery

Forkdriver · May 26, 2021

If the electricity line interferes with what you want to do, say putting up a building you are now in the strongest position to ask them to move it, or if you want electricity and haven't got it to negotiate a supply. Once you have agreed to a wayleave you aren't in a position to argue. If you take a lump sum payment you can't even get them to move it.

lukehodgson · May 26, 2021

Yep it’s pole 2. The one that supplies our house I’m not bothered about obviously. They have admitted that they have no record of ever having a wayleave agreement or easement (nothing in the deeds either). We often get the letters through the door saying that we could claim 5% of the property value for the lines (as house 1800 pre dates the lines) just wondering if anyone had any success with that. They can’t bury the lines as that would interfere with my GSHP pipe work and electric cables we are laying for solar panels. If they are only offering £200 I would want them gone if they are offering a few % of the property value then it’s worth thinking about.

Farmer Fin · May 26, 2021

If it’s a spur supplying your house you wouldn’t necessarily get a Wayleave as it’s for your own benefit. The previous owner of one of our farms got power redirected to his and they call it a free Wayleave as it was obviously the agreement they came to at the time.
As for the value of a non interfering pole that’s sound right. Interfering pole is about £30.

Goweresque · May 27, 2021

lukehodgson said:
Yep it’s pole 2. The one that supplies our house I’m not bothered about obviously. They have admitted that they have no record of ever having a wayleave agreement or easement (nothing in the deeds either). We often get the letters through the door saying that we could claim 5% of the property value for the lines (as house 1800 pre dates the lines) just wondering if anyone had any success with that. They can’t bury the lines as that would interfere with my GSHP pipe work and electric cables we are laying for solar panels. If they are only offering £200 I would want them gone if they are offering a few % of the property value then it’s worth thinking about.

They won't remove it just because you don't want it. They have statutory powers to place poles where they like, and will use them to legitimise the situation if necessary. So your best bet is to use the issue to negotiate with them if there is anything you need them to do (moving a pole, putting a cable underground to your house etc). If its an 11KV supply its of strategic importance locally, they aren't going to move it just because you don't want a pole in your field. If it was that easy do you think farmers would have any poles on their land?

sticky · May 27, 2021

Personally I wouldn't mess about with it it's only one pole. I have several poles on my place and I don't get paid and I haven't signed any wayleave and so I hope that means the balls in my court should I want anything done.

Highland Mule · May 27, 2021

From a look on Streetview it appears to be in the hedge, so not even encroaching into your enjoyment of the land. I'd be taking the annual fee and not complaining if it were me.

lukehodgson · May 27, 2021

It is in the hedge but the property line is the ditch the other side of the hedge. Part of my reasoning for wanting it gone is then I can keep my light aircraft here and fly out of the field which with the lines there I can’t.

Highland Mule · May 27, 2021

lukehodgson said:
It is in the hedge but the property line is the ditch the other side of the hedge. Part of my reasoning for wanting it gone is then I can keep my light aircraft here and fly out of the field which with the lines there I can’t.

I’d say if you made a fuss they would just move the pole across the boundary into next door and you’d have nothing. I really can’t see you getting it all underground for no fee, but always worth asking.

manhill · May 27, 2021

Shouldn't wayleaves be index linked?

lukehodgson · May 27, 2021

Quick update on this spoke to an agent today. They are going to try to either have them removed or re routed as there is precedence to get them removed to allow light aircraft flying. Failing that they thought they should be able to get at least 5K-10K in comp for an easement. Il update this when i hear more.

teslacoils · May 27, 2021

Would be interesting if it works. As every farmer here will be after a light aircraft hobby. We are all watching with interest.

Highland Mule · May 27, 2021

Was the pole there when you bought the house, or has it been in family ownership since prior? Reason I ask is we all end up paying for these costs in our power bills and I'm not sure that I find your case terribly deserving. Sorry if that is a contrary attitude, but I write as I think.

Goweresque · May 27, 2021

Highland Mule said:
Was the pole there when you bought the house, or has it been in family ownership since prior? Reason I ask is we all end up paying for these costs in our power bills and I'm not sure that I find your case terribly deserving. Sorry if that is a contrary attitude, but I write as I think.

I got the same vibe to be honest. We farmers have to put up with all the utilities with a considerable hassle factor and detriment to our businesses but as long as the utility companies don't take the P too much one lets the issue slide in the interests of the greater good of the public. Then someone comes along and buys a few acres and thinks they can act like the big I am. There's more to owning land than just having your name on the deeds.

lukehodgson · May 27, 2021

Just to clarify the ideal solution for us is them being moved to the end of the field (and then they pay us nothing for a permanent easement) The reason the agent is giving them the other option of money is to try and encourage them to move it (still on our land and would only require moving one pole 50m north.

Goweresque · May 27, 2021

lukehodgson said:
Just to clarify the ideal solution for us is them being moved to the end of the field (and then they pay us nothing for a permanent easement) The reason the agent is giving them the other option of money is to try and encourage them to move it (still on our land and would only require moving one pole 50m north.

You do realise what that would mean for the rest of the line? You can't just move one pole out of a high voltage line and have a zig zag in it, the tensions are all wrong on the wires and poles. In order to move one 11kv pole 50m out of line of the rest you'd probably need to shift a series both sides for some considerable distance, so there was a slight curve on the line, not a sudden turn left and then back right again. And anyway, if the pole No 2 was moved to the end of your field the cable would still be over your field because of the angle from the pole on the land to the left of your field. So it would still be utterly unsafe for light aircraft use anyway.

Highland Mule · May 27, 2021

Can I ask again, was the pole there before you bought the land?

Electric Wayleave payment

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100% I’ve had enough of farming!

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