HHLE PROPERTY MATTERS SPRING 2021 - Flipbook - Page 24
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Given many landowners have a utility apparatus of some
sort crossing their land, it is vital land occupiers know
their rights when it comes to utility companies taking
access for repairs, maintenance, renewals, or new
Electricity lines, water, sewer and gas pipelines all form
utility apparatus benefiting from statutory powers to enter
private land. Various acts are in place to convey key details.
Where statutory powers exist allowing a third party
to require land rights, the owner/occupier has legal
entitlement to make a compensation claim. Professional
representation costs form part of the claim, meaning
when your agent is working on your behalf during the
process, it shouldn’t cost you.
Many legal procedures must be followed to allow any
statutory undertaker to enter private land. Firstly, it’s
crucial to review the proposed scheme and ascertain the
statutory stipulations relied upon.
Where works are to be carried out, a record of
condition should be taken, which can be used as
evidence during the claim negotiation. This record
should be correctly documented and signed by the
landowner/occupier and the utility company agent, to
accept the pre-entry condition.
Presenting a compensation claim is key: based on
putting the owner/occupier in a position that they
would’ve been if have the works hadn’t happened.
Claims include time/resources spent by the claimant,
which should be carefully recorded, e.g. in diary format.
This can be used as evidence for management time lost.
At H&H Land & Estates, we’ve been involved in
many Utility Company Claims. Recently, water main
replacement across both grazing land and arable land.
When making submissions for compensation on behalf
of our clients, the claims included:
•Crop loss on arable land, including a percentage
yield reduction for three future years
• BPS loss
•Reinstatement work, including additional
cultivations and repairing fencing.
•Permanent depreciation of land value due to new
These were detailed claims which, while working
with the utility company, resulted in fair and reasonable
outcomes: favourable for our clients.
So, whether you’re a farmer, commercial or residential
property owner, when utility companies access your
property under statutory power, it is essential you protect
your interests. Utility companies expect to compensate
for losses, so upon becoming aware of any potential
scheme impacting your land, seek professional advice.
This will ensure all potential losses are identified and