Moving electricity poles

Moving electricity poles

Postby carlsbergy » Sun May 28, 2017 9:18 am

Hi, I have a electricity pole in my garden which I would ideally like the electricity company to move to the back of my garden or relocate underground for 2 x reasons; 1) when the grandchildren ride bikes in the garden there is a heavy wire anchored off the pole which makes riding a bike dangerous 2) we plan an extension , whilst the pole would not be in the way to build, it would be in an even worse position when the extension is completed. I have read that I can give" Notice to remove given to licence holder under paragraphs 8 (1) (c) & 8(2) (c) of Schedule 4 to the Electricity Act 1989." to the electricity supplier. My concern is that they could then counter my application to keep the apparatus with a compulsory wayleave. Has anyone any experience advice on the best way to proceed please? Thanks
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Re: Moving electricity poles

Postby ParallelLines » Sun May 28, 2017 12:01 pm

The situation will be that there is already a Wayleave in place and it will be entirely up to the Electricity company as to whether they agree to moving it. It is possible to move poles but you will have to pay for them to do this.

I think the best way to proceed is to ask them if it is possible and to get a quote from them.

Your deeds will have details of the Wayleave.
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Re: Moving electricity poles

Postby despair » Sun May 28, 2017 12:37 pm

If theres a permanant wayleave it could be pricey but if its only a yearly pittance payment you might be able to negotiate
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Re: Moving electricity poles

Postby carlsbergy » Sun May 28, 2017 1:44 pm

Thanks for reply, forgot to add on original post, there is no record of wayleave in deeds.
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Re: Moving electricity poles

Postby carlsbergy » Sun May 28, 2017 1:45 pm

and I have not received any payment for poles being in my garden.
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Re: Moving electricity poles

Postby despair » Sun May 28, 2017 2:17 pm

in which case i would send the company a formal notice to remove and relocate to the very extremity of your land
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Re: Moving electricity poles

Postby Clifford Pope » Sun May 28, 2017 5:32 pm

We have two electricity poles on our property. One carries cross-country transmission power lines, the other carries our own supply.
We get £8.00 pa for the first, but no wayleave amount is payable on your own supply pole.

Neither is recorded in the deeds, but that does not mean there is no wayleave in place.
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Re: Moving electricity poles

Postby despair » Sun May 28, 2017 6:26 pm

a permanant wayleave ,will be on the deeds
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Re: Moving electricity poles

Postby MacadamB53 » Sun May 28, 2017 8:15 pm

despair wrote:in which case i would send the company a formal notice to remove and relocate to the very extremity of your land
step one is to establish if there is a wayleave - by asking the statutory provider (the owner of the pole).
only if there isn't a wayleave can you proceed to step two - serve notice on the statutory provider to relocate/remove their apparatus.
after serving the notice they have a fixed number of days to serve a counter notice (stating they don't want to move it) after which they must honour the request at their expense (this is where you cross your fingers and pray).
if you get served a counter notice you have the following choices - 1. pay for the relocation/removal (potentially £000s), 2. accept a wayleave (pittance), or 3. leave things as they are.

if there is a wayleave you get choices 1 & 3.

Kind regards, Mac
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Re: Moving electricity poles

Postby ukmicky » Mon May 29, 2017 2:17 am

There are various possibilities

The electricity company may have an easement but if so it will be recorded on your deeds. If they do then your basically screwed.

If a previous owner of your land signed a wayleave agreement ,that agreement came to an end when he sold but if the new owner did not negotiate a new wayleave within a reasonable period of time or ask for removal of the pole an implied wayleave was created under the same terms of the previous wayleave. If this has happened you can as you been told give notice and they will need to either remove it or apply to the secretary of state to keep it there.

There is another kind of wayleave called a statutory wayleave . The electricity companies when planning new power networks will often gain statutory wayleaves over many parcels of land all at the same time if it means they will have to negotiate with many landowners at the same and cant guarantee agreement. So be prepared because they may have a statutory over your land. If they do have one then even if it 50 years old they will have a record of it and if they do they have the legal right to keep it there and most likely will not be prepared to move it.

You need to look and think to yourself where can they move it to. There are strict rules these days regarding the placement of new overhead power lines that could mean they cant reposition it and dropping the lines underground is something that only happens when its necessary to upgrade and improve the local distribution networks due to how expensive an operation it is. If there is somewhere would that land owner be prepared to allow them to place it on there land . So be prepared because even if you have the right to ask for its removal, if there isn't anywhere else for it to go, and its removal will cause power issues to local homes or businesses they will use there right under the ACT to keep it there.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Moving electricity poles

Postby carlsbergy » Mon May 29, 2017 7:01 am

Thanks all, much appreciated
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Re: Moving electricity poles

Postby SimonC » Sun Aug 13, 2017 4:27 pm

There are lot of people confusing Wayleaves and Deeds of easements.

If there is an Wayleave - this is only an agreement, it will not be on your deeds - then you can terminate it usually by giving notice. Get a copy from the DNO and see what the terms are. if they cant supply it - them tell them you want the equipment moved.

If they have an Easement - it will be on your title deeds, sorry you will have to pay.

HOWEVER - if this pole actually feeds your property - then they do not need a wayleave or easement, because it is required to feed you electricity. You would need to pay for it to be moved or undergrounded.

If it is a wayleave - do terminate, they may bluster about getting statutory wayleave or an easement, but they will not spend hundreds of thousands doing that when then can spend a few thousands undergrounding yours (assuming it is below 33 KV).
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Re: Moving electricity poles

Postby jonahinoz » Mon Aug 14, 2017 6:15 pm

Hi,

In the mid-1990s, I asked the Electricity company to move a pole on my road (back-lane) boundary ... it was in the middle of my 40ft wide drive. They quoted me over £2,000, said it would take two years to get round to doing it ... something to do with disconnecting the local council estate, while they erected two replacement poles, one each side of my 55ft wide plot.

I suddenly became aware that my bit of Welsh mountain had three poles on it. The electricity company said they did not realise that my bit of land (7.5 acres) was no longer part of the adjacent farm. They offered me one shilling per pole per year ... or once only payment of £20. I accepted the £20, seemed a good idea at the time.

John W
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Re: Moving electricity poles

Postby jdfi » Tue Aug 15, 2017 8:17 pm

jonahinoz wrote:it was in the middle of my 40ft wide drive.


And how long is this monster?
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