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 Compulsory Purchase powers.
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.
In many urban environments electricity equipment will have existed prior to the housing developments. As a result the electricity company may not have an easement for the cables or pylons in the vicinity of, or crossing, residential property. Most electricity companies are keen to protect their equipment and therefore look to agree a new easement. This will realise compensation for the owner of property with cables crossing it.
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, if applicable). Compensation will be paid for the granting of the easement in addition to disturbance payments. All reasonable professional fees will be payable by the acquiring authority.
For case studies on compensation for overhead electricity lines and water pipelines follow this link.
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.