We can advise on the legal arrangements for all types of utilities, from fibre optic cables to sewer pipelines and electric lines. We can negotiate landowner consents where you need to install apparatus through third party land, or negotiate the appropriate consideration where you have been asked to grant consent yourself. We can also negotiate licence agreements, allowing work to progress whilst legal easements are completing.
We have acted for a number of local authorities who have been asked to grant wayleave agreements, master wayleaves and multi operator wayleaves. We can undertake thorough reviews of any such agreements and make suggested amendments as tracked changes to assist solicitors.
If you would like us to review a wayleave agreement and answer any specific questions you may have for council approval processes, or to assist or to undertake the negotiations, please feel free to send the relevant documents to us and we would be pleased to provide a fixed fee quote.
We work with specialist solicitors, so we can also provide a quote to include a similar review from a legal perspective, so that you get the benefit of surveyors and solicitors advice. This is particularly relevant with electronic communications agreements, since the New Code will apply.
We can also advise on the appropriate consideration payable for any kind of wayleave, having regard to statutory valuation principles, industry practice and comparable settlements. Accordingly, if you need advice, or aren’t even sure what advice you need, please don’t hesitate to get in touch.
Whether you are a developer requiring an electricity connection across third party land, or are a third party landowner who has been asked to grant consent to a connection across your land, we can advise on the most appropriate agreement framework and consideration.
We are experienced in acting for and negotiating with local authorities, so have an in depth understanding of the relevant approval processes and best value requirements. We can also advise on potential impact on development, how to account for this and what terms to include.
It is important that the terms of any such agreements are carefully considered but it is equally important to look at the bigger picture. What could happen if you don’t grant the agreement? What could happen if you do? Is there a mutual benefit to be gained from granting the agreement?
We always approach these negotiations tactfully, as we appreciate that neighbour relations can often hang in the balance. We generally also negotiate that the party requiring the connection reimburses our fee so, if you need advice in this respect, please do not hesitate to get in touch.
Pipelines are generally, but not always, installed under statutory (compulsory) powers. With this brings the right for landowners to claim compensation for any depreciation in value and disturbance caused. We are experienced in assessing and negotiating this compensation.
In addition, if you are seeking to develop land and find that it is constrained by an existing pipeline, we can advise if this gives rise to any right to compensation for loss of development, or whether there is any possibility of having the pipeline diverted at the operators cost.
Similarly, if you have been approached by an agent seeking to “formalise” the rights for an existing pipeline, we recommend that you instruct an agent to act for you, because it may be that the pipe is limiting the potential of your property such that you should be paid compensation.
Where there is a consideration payable, we are often also able to secure a contribution towards your professional costs (reducing the amount, if anything, that you have to pay). So, if you have any queries in relation to pipelines on your land, please feel free to get in touch.