Wayleave Agreement payments misdirected

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Fairplay07
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Wayleave Agreement payments misdirected

Post by Fairplay07 » Tue Jan 02, 2018 11:17 pm

I have a power pole on my property that is my side of an old hedge; the other side of the hedge is the field ditch. I think but am not certain that the residential neighbour on the other side of the ditch now understands that he does not own the ditch or the hedge. However the power pole and stay is not even at the ditch edge as it is about one metre away from the ditch but this neighbour let slip that he had been receiving payments for the pole. Being in the middle of some dense hawthorn it was a little unclear to me if the power pole landed in the field [the farmers land] or in the residential garden created from the field many years ago and which I now own. I speculate that before I bought the property the neighbour applied for and acquired a wayleave agreement for a pole that had not been registered [this does happen and it appears easy to just step in and acquire a wayleave agreement!]. I now also own that part of the field and have obtained a wayleave agreement. I hope that UKPN has informed the neighbour so as to not pay twice.

If his statement to me is correct the neighbour has received wayleave fees to which he is not entitled. I can ask him to voluntarily compensate me but he is a man with a very bad temper and prefers abuse to reasoned conversation . So I could write him a letter confirming the wayleave agreement, that given his statement he has received payment to which he is not entitled and, suggest he considers voluntary compensation to me of the estimated £1,000+ amount. I expect his 'pridefulness' will not allow him to give compensation. Apart from general advice about the above I would very much appreciate views about making a legal claim? I have found out that a small claims court action is relatively easy for amounts up to £1,500, I have legal cover as part of the property insurance but do not expect this action to be covered. The money is not insignificant but my main objective is to gain clear acceptance from that neighbour and the risk of a judgement against a company director for incorrectly accepting such payments might be an answer.

MacadamB53
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Re: Wayleave Agreement payments misdirected

Post by MacadamB53 » Wed Jan 03, 2018 12:38 am

Hi Fairplay07,

suggest he considers voluntary compensation to me of the estimated £1,000+ amount

I’m not sure I follow your logic - why should you be compensated, rather than BT/OpenReach?

as an aside, there is a BT/OpenReach team you can contact who will confirm the details of any wayleaves for a given pole:

archive.ripple@openreach.co.uk

kind regards, Mac

Collaborate
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Re: Wayleave Agreement payments misdirected

Post by Collaborate » Wed Jan 03, 2018 7:30 am

What property(ies) does/do the pole serve? If yours, BT may not have needed a wayleave agreement, as placing the pole would have been necessary to supply the property with services.

Clifford Pope
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Re: Wayleave Agreement payments misdirected

Post by Clifford Pope » Wed Jan 03, 2018 10:16 am

I had a similar situation with an electricity transmission pole. After I discovered that I could get a wayleave and payments for it, I found it was incorrectly marked on the electricity board's map as being on a farmer's field not mine. They surveyed it and agreed, so I got my wayleave and a few back-years' payments.
But another pole only supplies this house so does not qualify for a wayleave.
A BT pole which is right on the boundary serves only this house, so I don't qualify for a wayleave payment but I think the farmer does.

jdfi
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Re: Wayleave Agreement payments misdirected

Post by jdfi » Sun Jan 28, 2018 8:24 pm

I dont see how you have any entitlement in law to anything from him.

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