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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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Hello, I could really use some help. I have an electricity

Customer Question

I could really use some help.
I have an electricity pole in my garden. I contacted the electricity company and cancelled the Wayleave and they agreed that after about a year they would send engineers out to remove it and connect us and the adjacent properties to the mains in the pavement.
We have now had a letter saying they are no longer doing this and are applying to the Secretary of State to keep the pole in place. The pole is a high eyesaw and obviously affects property value.
I have no clue what my rights are or how to fight this at all. The electricity company are incredibly unclear and obtuse and really come across as bullies.
Any help or points in the right direction would be hugely appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

Is the wayleave formally documented in your deeds?

If not, how long has the pole been in place?

How did you cancel the wayleave?

Why has this only now becoming issue?
Customer: replied 3 years ago.

Hi there,

The way leave is in the deeds.

I cancelled it by giving notice to the electricity company. We have been in touch with a representative who deals with the way leaves for several months but he is extremely obtuse and unhappy about our cancellation of it. He is also very unclear about our rights and keeps implying we should 'contribute' to the costs without actually saying that we are legally obliged to pay for the costs.

It has been in place for several decades.

It is only an issue now as I am the new purchaser of the property (bought in March) and I wish to renovate and improve the place.

Expert:  Jo C. replied 3 years ago.

It is not as simple as writing to the company and cancelling the wayleave.

It is in the deeds as an easement and therefore the only way it can be cancelled is either by a court order (which you are unlikely to get) or by agreement with the electricity company.

Even if there is no wayleave agreement in place allowing them to have this in situ, after 20 years they acquire the right to habit there either under the Prescription Act or under the legal doctrine of Lost Modern Grant.

I cannot see what the problem is with whoever you were dealing with because the electricity company will be aware of all of this.

Your solicitor should have pointed out to you that there was a wayleave in the deeds and that it’s not as simple as just cancelling it and asking for the post to be removed.

Most utility companies will remove such posts and resite them elsewhere or on the edge of the property or run the cable underground but they generally want paying for doing that and the cost can often be several thousand pounds.

With regard to it affecting the property value, I really don’t think you have an argument here because you bought the property with the way leave in place and with the eyesore in place and that must of been reflected in the value that you paid.

I’m sorry if this answer is unfavourable for you. If you speak to the solicitor that dealt with your conveyancing, he will confirm exactly the same

Can I clarify anything?