FAO Legal eagles - underground electricity cable wayleave

[Simon]

So, I have received a 'speculative' letter from an 'independent firm of Chartered Surveyors' who claim there is an underground electricity cable going under my land or garden at <my address>, and that I should engage them to negotiate a wayleave agreement/payment.

A few questions spring to mind - surely this would've shown up on searches when I bought the place 5 years ago?
Also, if it's true that there is an underground cable then why would the power company need to pay money? I can't see the damn thing so what burden is it on me if it's there?
Finally, if it's there and I do get greedy then what further burdens does this place upon me, other than getting some ££££ out of a power company?

I'm really confused by the whole thing TBH.

[Rich B]

My missus got some money for one that went over the order of our drive (the pole in front of our house goes to us and the neighbour.)

[Jobbo]

First, I'd suggest not engaging with the speculative people. Wayleave payments are not very large and you don't want to lose any part of that to someone who's doing something you're perfectly capable of sorting with a phone call. In answer to your questions:

A few questions spring to mind - surely this would've shown up on searches when I bought the place 5 years ago?
Probably not - unless you specifically requested a utilities search (which is only usually where you're buying a development site and want to know where things in the ground are that affect you digging), and even then this sort of thing probably isn't accurately mapped by the electricity company or National Grid; possibly not at all. As you will appreciate, you've been there 5 years and it hasn't affected you so it's not really a concern.

Also, if it's true that there is an underground cable then why would the power company need to pay money? I can't see the damn thing so what burden is it on me if it's there?
Strictly the land below your property to the centre of the earth is yours so their cable passes through your land. Which means they should have some sort of documented right to have a cable in your land but if there is no documented wayleave, they have a statutory right as electricity undertaker to keep it there anyway.

Finally, if it's there and I do get greedy then what further burdens does this place upon me, other than getting some ££££ out of a power company?
No real burdens on you except that you won't be able to object to the cable being there (if, for example, you wanted to put foundations for an extension where it is located) and you'd have to give them access if they want to dig it up to repair it. In reality that doesn't really change anything compared to not having a documented wayleave. Just make sure anything you sign doesn't give them the opportunity to install more and more cables under your garden.

Now my personal wayleave anecdote:
I had a BT pole on the corner of my last property which I didn't think about until new neighbours moved in and I noticed one day that there was a new wire from the pole right across the middle of my garden, hanging a bit low, to the side wall of the neighbours' house. I got hold of the Openreach wayleave department and said I had not given consent to the new wire being installed, nor to access to my property (which must have been while I was out, but there's no way they could have connected it to the neighbour's wall without entering my garden). They sorted out the wire by relocating it so it didn't cross my property quite quickly, I'm pleased to say. However there was no documented wayleave for the pole itself, so I agreed with them to enter into a wayleave - which doesn't need mortgagee consent and isn't registered at the Land Registry - in return for a one-off payment of £50. The alternative was an annual payment of £5, IIRC. So it won't get you rich!

[dinny_g]

Every forum needs a Jobbo...

[Simon]

^^ Every forum too.

Thanks, that's good info. So really for my own benefit at any rate I need to do some sort of 'utilities search'?

Also, we're torn between extending and moving in the next couple of years. If there is a cable and we have a wayleave then is that different to not having one, in a situation where the cable is impeding an extension?

[Jobbo]

Thanks, that's good info. So really for my own benefit at any rate I need to do some sort of 'utilities search'?

Also, we're torn between extending and moving in the next couple of years. If there is a cable and we have a wayleave then is that different to not having one, in a situation where the cable is impeding an extension?

Yes, google your local electricity supplier and 'wayleave' to see if they have a department who deal with them. That's your first port of call; just tell them you have been contacted by a surveyor and don't believe there is a wayleave for a possible cable under your property, and ask them if they have any info.

There's no practical difference between having one and not having one - you'll still be in a world of shit if you cut through the main electricity supply cable either way

[Simon]

Thanks Simon. So it looks like UK Power Networks do the leccy stuff around here, so I'll get in touch with them.

If you see me changing my car for an F40 then know that I've either won the lottery or have UKPN in a death grip.