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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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We need a three phase electricity supply to our farm property.

Resolved Question:

we need a three phase electricity supply to our farm property. The cable would need to pass across a neighbours field and he is refusing us permission. The electricity company accepted the order 8 months ago and took a deposit of £16000. They not being very helpful even saying that they are unsure what to do. The neighbour is being unreasonable as the cable would pass under a field for about 40 metres. Do we have rights in this situation.
Submitted: 1 year ago.
Category: Law
Expert:  Matt Jones replied 1 year ago.
Hi I will try and help. On the question of accessing the neighbours land can you tell me a bit more about the history of the properties and how they came to be owned by each of you?
Customer: replied 1 year ago.
We are three farm properties. We are the most recent purchasers and have almost completed a full renovation project. We are landlocked by the other two properties, with one right of way access. The three phase supply is required to operate ground source heating. The cable could be laid under either of the neighbours fields across a 80 metre stretch. One of the neighbours is saying yes but he wants his own 3 phase supply at our cost. (£16000) the other neighbour is simply saying no. I am attaching a letter that we are proposing to send to the latter. Do you think seeking a court order is the way forward and who should do it, ourselves or Electricity North West ?
Expert:  Matt Jones replied 1 year ago.
Thank you for the reply. There are no automatic or statutory rights to cross or utilise someone land to assist in a improvement/renovation project purposes. The only way you could enforce an "easement" is two ways, firstly if there is an express grant of an easement and second if you can imply a right. So firstly if your deeds contained a right (either granted for you or retained by the original sellers) that gave you a right of access to enter their land to connect to, or run over/under an electricity supply then this would be someone you could rely on and ask a court for an enforcement of (you need to specifically check your deed of this, of you find something to this effect let me know so I can check for you).Secondly as to an implied right, this is utility in you case as it usually involved a long user of a right,. So for example if you had a cable run across/under the land for many years and were just replacing it then you could potentially enforce an implied right. The Electricity suppliers do have enforcement procedures under the Electricity Act to force a compulsory wayleave agreement (that is an agreement to access land for an annual payment) however this involve an application to the Secretary of State, open hearings, etc. As you will no doubt realise this is a costly procedure and is usually necessary for large scale developments (i.e. pylons) rather than getting access to one property) and as so it is impossible for me to say whether they would consider this in your case, but you could see what their take on this would be and whether they do. I hope this is helpful (albeit perhaps not what you wanted to hear). If so please leave me positive feedback so I can be paid for my time. The question wont close and you can ask further questions down the line if you think of them
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