FAQs - Questions about wayleave issues and pylon disputes
- What is the difference between a wayleave and an easement?
- What is EMF and why is there so much media interest in this regarding overhead electricity lines?
- We are looking to purchase a development site which has an electricity line running through the middle of it. What are our options?
- I thought you could only claim a few pounds from the electricity companies because the wayleave rates are agreed nationally.
- If an overhead line was present when the land was purchased surely compensation can't be claimed now?
- How long does it take to obtain a result?
- We have received a cheque for a few pounds from the electricity company. Will acceptance create any problems?
- If we cause problems for the electricity company by pushing for electricity lines to be removed won't they be harder to deal with in getting new supplies to a development.
- Do you deal with other utility apparatus?
- What is the difference between a wayleave and an easement?
A wayleave is a terminable licence. It provides rights for an electricity company to install and retain their apparatus; either underground cables or overhead lines
across land with annual payments being made to the landowner and occupier. A wayleave will normally contain provision for termination on six or twelve months notice
subject to the electricity company’s rights under the Electricity Act 1989. A wayleave does not automatically transfer to a new owner or occupier upon transfer of land.
An easement is an interest in land capable of being registered at the Land Registry. It provides rights to install and retain electricity infrastructure within a
specified area or route. The rights for the electricity company to retain their infrastructure in, on, or under the land and for access would normally be held in
perpetuity or a specified term of years. A clause providing for the infrastructure to be relocated, or compensation paid where the rights inhibit development, may
also be included.
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- What is EMF and why is there so much media interest in this regarding overhead electricity lines?
During the course of transmitting electricity from power stations to its place of use electric fields and magnetic fields are generated and together these are known as electric and magnetic fields (EMF). Concern regarding EMF emanating from electricity lines has increased, predominantly over the course of the last 30 years and numerous studies have been undertaken, particularly in the United States and Scandinavia. In 2004 the UK adopted new guidelines which set magnetic field levels above which people should not usually be exposed to. The Radiation Protection Division within the Health Protection Agency provides advice to HM Government and this is followed by all electricity companies.
No causal link has been established between the presence and use of electricity lines and carcinogenic effects. However many landowners and planning authorities are adopting a prudent avoidance approach by avoiding development beneath and in proximity to electricity lines. The Stakeholder Advisory Group on extremely low frequency fields and EMFs (SAGE) has recently published a report which is anticipated to have widespread implications for residential development in proximity to overhead electricity lines.
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- We are looking to purchase a development site which has an electricity line running through the middle of it. What are our options?
It is possible to:
- Agree total removal of the line
- Agree replacement of an overhead line with underground cable at the cost of the electricity company
- Agree a significant payment from the electricity company if the line is retained
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- I thought you could only claim a few pounds from the electricity companies because the wayleave rates are agreed nationally.
Annual wayleave rates are based on agricultural land values and are typically what electricity companies pay for. However development land, residential, commercial or industrial property can command much higher amounts To find out how, click here.
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If an overhead line was present when the land was purchased surely compensation can't be claimed now?
Yes it can. It is likely that the overhead line is present by virtue of a wayleave therefore compensation could be claimed. Alternatively it may even be possible to have the overhead line removed entirely, and at no cost to yourself. For more information, click here.
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- How long does it take to obtain a result?
It could be anything between a few months and a few years. The majority of cases we become involved in are resolved in very short timescales, even the most complex cases. The key is to have us involved as early as possible.
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- We have received a cheque for a few pounds from the electricity company. Will acceptance create any problems?
Most wayleave payment statements provide limited information. If you accept payments over a period of time it will be argued that you have accepted the imposition of an electricity line across your land. To avoid creating problems and to protect your position when you plan to develop the land contact us as early as you can.
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- If we cause problems for the electricity company by pushing for electricity lines to be removed won't they be harder to deal with in getting new supplies to a development.
Distribution and supply of electricity are today seen as two separate businesses in the electricity industry today. The Regulator's primary role is to ensure no crossover, conflict or cross subsidy exists between these different businesses whilst also promoting competition. Any charge or discrimination against you can be challenged.
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- Do you deal with other utility apparatus?
Hamer Associates specialises in advising on electricity infrastructure. Whilst we could also advise on other utility apparatus we prefer to stick to what we are best at. However, we have excellent working relationships with other companies who specialise in other utility apparatus and would be happy to pass on your details to them. Please feel free to contact us for more information.
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