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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Annual electric pole wayleave
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<blockquote data-quote="Goweresque" data-source="post: 7843517" data-attributes="member: 818"><p>Statute of limitations for debts is IIRC 6 years, so you should be able to demand payments back that far. I had a similar situation only I was overpaid, when my father bought the farm a block of wayleaves were included and we always got a cheque for them, no-one bothered to check exactly what they were for. Then someone somewhere bought a property and complained to the electric board they weren't getting any payments for their poles etc, and it transpired my father (and then me) had been paid for them for years. I ended up paying back 6 years worth on the relevant poles and presumably it went to the owner of the property. </p><p></p><p>I have a feeling that how you get on will depend on whether or not someone else has been getting your payments. If not then the electric board should be liable and should pay up directly. If they've paid someone else in error they'll have to ask them for the money back, and that person might not be as amenable to repaying as I was. I don't think the electric board will pay you and then try and get the money off someone else, I got the impression that if I'd refused to repay anything the electric board would have just shrugged their shoulders and let it slide. And if my experience of trying to transfer some wayleaves after a land sale is anything to go by, don't hold your breath, they are glacially slow. My request for a transfer to the new owner of my land is still ongoing 6 months since I sent the paperwork in.</p></blockquote><p></p>
[QUOTE="Goweresque, post: 7843517, member: 818"] Statute of limitations for debts is IIRC 6 years, so you should be able to demand payments back that far. I had a similar situation only I was overpaid, when my father bought the farm a block of wayleaves were included and we always got a cheque for them, no-one bothered to check exactly what they were for. Then someone somewhere bought a property and complained to the electric board they weren't getting any payments for their poles etc, and it transpired my father (and then me) had been paid for them for years. I ended up paying back 6 years worth on the relevant poles and presumably it went to the owner of the property. I have a feeling that how you get on will depend on whether or not someone else has been getting your payments. If not then the electric board should be liable and should pay up directly. If they've paid someone else in error they'll have to ask them for the money back, and that person might not be as amenable to repaying as I was. I don't think the electric board will pay you and then try and get the money off someone else, I got the impression that if I'd refused to repay anything the electric board would have just shrugged their shoulders and let it slide. And if my experience of trying to transfer some wayleaves after a land sale is anything to go by, don't hold your breath, they are glacially slow. My request for a transfer to the new owner of my land is still ongoing 6 months since I sent the paperwork in. [/QUOTE]
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Annual electric pole wayleave
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