Q&As

A client owns land which is subject to a wayleave agreement. The client intends to develop the land and served notice to terminate the wayleave. In response, the electricity company applied for a 'necessary wayleave'. Since this, development has gone ahead around the existing apparatus. However, the electricity company has sought to obstruct development works which has resulted in the owner incurring loss over and above that which they would have incurred. Are these losses likely to be recoverable under the disturbance compensation provisions of paragraph 7(2) of Schedule 4 to the Electricity Act 1989?

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Published on LexisPSL on 28/07/2020

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A client owns land which is subject to a wayleave agreement. The client intends to develop the land and served notice to terminate the wayleave. In response, the electricity company applied for a 'necessary wayleave'. Since this, development has gone ahead around the existing apparatus. However, the electricity company has sought to obstruct development works which has resulted in the owner incurring loss over and above that which they would have incurred. Are these losses likely to be recoverable under the disturbance compensation provisions of paragraph 7(2) of Schedule 4 to the Electricity Act 1989?

Paragraph 7(2) of Schedule 4 to the Electricity Act 1989 (EA 1989) states that:

‘Where in the exercise of any right conferred by such a wayleave any damage is caused to land or to moveables, any person interested in the land or moveables may recover from the licence holder compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or moveables he may recover from the licence holder compensation in respect of that disturbance.’

EA 1989 authorises bodies authorised to generate, transport or supply electricity to acquire a wayleave to install an electric line on, under or over private land, together with rights of access for inspection, maintenance and replacement.

EA 1989, s 10(1) provides two methods for an electricity supply undert

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