Water & electricity companies, gas suppliers and other companies have a whole host of pipelines and powerlines which cross the United Kingdom. These companies either have specific acts of parliament enabling them to obtain the rights to install their equipment or they have the ability to apply for powers under the Pipelines Act.
The legal right to run pipelines and powerlines across property is generally provided for under the terms of an easement. The easement will set out the relevant details in terms of width, depth and route and specify what can and cannot be done within the easement width. The route can be below or above land and the easement will include provisions for access to the powerline or pipeline for maintenance and repair purposes.
Generally companies will approach landowners to seek their agreement by negotiation to the granting of an easement. However, they do have the ability, in a range of cases, to apply for a compulsory purchase order to obtain the freehold of the land they require.
Negotiations with the acquiring company will include: the exact provisions of the easement in addition to the method and duration of construction and all relevant accommodation works. Compensation will be paid for the granting of the easement in addition to disturbance payments. All reasonable professional fees will be included in the compensation.
The area of law surrounding rights which can be granted and the associated compensation/ disturbance payments is complex. The rural land and compulsory purchase team at Kirkby & Diamond Chartered Surveyors can advise on the procedure and ensure client interests are properly taken into account.