Electric Line Claims

Development Sterilisation

Development sterilisation occurs where the restrictions on building over, under or near to electric lines prevents development, leading to a loss in value. Very often, developers will cover the cost of removing electric lines when, in many cases, compensation can be claimed for the loss caused.

The compensation claimed can sometimes be applied as a discount towards the cost of diverting the lines, or as a lump sum payment. Occasionally, it can outweigh the cost of removing the lines altogether, leading to the electricity company funding the relocation entirely at their own cost.

We can review the legal agreements in place for the electric lines where available and advise if you have the right to compensation, and then work with your design team (if applicable) to compile, assess and negotiate your case, keeping you updated at every stage of progress.

We recommend that developers seek advice from a specialist Chartered Surveyor at the earliest opportunity, so that negotiations do not hinder development timetables. Should you have any queries relating to a site constrained by electricity lines, please do not hesitate to get in touch.

Injurious Affection

Injurious affection in this context refers to the loss in value caused to residential property by overhead electric lines, which must be within the boundary of the property (or have the ability to swing over the boundary in extreme wind and temperature conditions) in order to claim compensation.

These could be two or more conductors suspended on wood poles (generally 11kv or above), or six or more conductors suspended on steel pylons (mostly 132kv or above), causing a negative visual impact. Generally, the closer and more prominent (i.e. visible) and longer the span, the greater the affect.

Depending on the agreement in place for the electric lines, you may have the right to compensation for the devaluation caused, which we can usually confirm on request. This is typically payable in return for a temporary or permanent agreement that prevents any further claims from being made.

Electricity companies will naturally try and secure these agreements for the least compensation possible, so it is important to have an expert negotiating on your side. We recommend using a specialist who is also a RICS Regulated Registered Valuer, so please do not hesitate get in touch with us.

Wayleaves & Easements

We can advise in relation to wayleaves and easements for all types of apparatus, from 240v domestic supplies to 400kv transmission lines, including the applicable payments and associated rights. We can also advise on the termination process and negotiating diversions or undergrounding.

You may have been approached to grant a wayleave or an easement, or even an option for an easement, for a new electric line for network reinforcement purposes. There are significant differences between these types of agreements and implications which must be carefully considered.

Regard must also be had to whether statutory powers exist in the background, and if there is scope for these to be used, as this can heavily influence negotiations. It may also be the case that the DNO is requesting the wayleave on behalf of a developer, hence unlocking significant value.

We can advise on every aspect and work closely with specialist solicitors who we can instruct on your behalf, if necessary, so please feel free to call or email us to see if we may be able to assist. We treat all enquiries with the strictest confidence and will carry out a conflict check before advising.