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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought my house from the council and in the deeds it

Customer Question

good morning . i bought my house from the council and in the deeds it states that the electricity pole and stay have permission to be there. now i wish to build a garage the pole and stay are in the way on my drive. how can i change my deeds to get the pole moved ? i have been told that they pay you for having their equipment on your land too? apologies i was going to type thank you
JA: Where are you? It matters because laws vary by location.
Customer: i am in norfolk
JA: What steps have you taken so far?
Customer: i did fill in a form years ago with a company online but they never got back to me and i have tried to contact network uk but they tied me up with calls and numbers so i gave up
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the pole is on my land, the cable stay is on my land, the cables to other houses cross over my land and look awful. they told me that as it was on the deeds from when the house was put there in 1945 ish by the council that its law and i cannot do anything to change it
Submitted: 15 days ago.
Category: Property Law
Customer: replied 15 days ago.
i have just read that it says australia law but when i clicked the link it was for the uk which is where i live. norfolk in the uk.
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

May I confirm if you have approached the electric transporter to date for the area please?

Customer: replied 15 days ago.
i have but they basically said its in the deeds and tough in politer dialogue
Expert:  Joshua replied 15 days ago.

thank you. From what you describe, there is an easement ( a right of way) on the property entitling the electric transporter to maintain a poll on your land. In the circumstances, there is no requirement for a way leave agreement which is the type of agreement you refer to where you receive a payment for the siting of the equipment on your land.

As such, there is no obligation for the electric transporter to move the poll because they have a right to maintain it in that position but generally you can still ask electric transporter to move their equipment and they will consider such requests providing relocating the equipment is feasible and you cover all of the costs of relocation as well as legal costs as it is likely that your deeds will have to be updated to provide for the new location of the poll. I have to say that it is likely that the costs will be significant in this regard and therefore effectively significantly increase the build cost.

In terms of raising an enquiry, you would need to ascertain which electric transporter is responsible for maintaining the infrastructure in your area and then make an approach to them. If you are not sure which electric transporter is responsible for your area, if you can tell me where you live, I'll be happy to confirm this to you and if you some contact information of the appropriate department to contact

Customer: replied 15 days ago.
hello thank you for that its answered the question and i will ask them for a cost to move the pole as i want it off my land to obtain the space its taking up. so i cannot change my own deeds with a solicitor then? they are set in stone until the end of time? seems harsh
stefan
Expert:  Joshua replied 15 days ago.

unfortunately as you say, an easement once added to deeds is all but impossible to remove without the agreement of the individual that has the benefit of the easement. I understand what you say - I suppose the counter to that would be that a buyer has the opportunity to have sight of title deeds before they buy and make a decision as regards ***** ***** wish to buy the land with the easements and covenants that come with it, though obviously, I accept this argument does not entirely work in the case of a right to buy acquisition as one does not have the option to obtain the same level of discount on an alternative property. In any event, as you say, it is what it is.

It may be difficult to move the poll of your land altogether because this would require the pole to go somewhere else which would need the consent of a neighbouring landowner which may not be readily forthcoming for the same reasons that you want the pole of your land. Usually, when contemplating a request to move a pole, it would be a case of relocating it within your land rather than off it entirely though of course it may be that a neighbouring landowner would be willing to have the pole sited on their land instead

Expert:  Joshua replied 15 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 14 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 13 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.