Easements - what’s yours is theirs?
Agribusiness solicitor Diane Barnes discusses proposed work involving water pipes and the National Grid taking place across Cumbria in the future.
With the proposed 100km pipeline to take water from Thirlmere to West Cumbria and National Grid taking a new high voltage connection from the new nuclear power station to the existing grid, there will be lots of work going on across the county in the future.
United Utilities have submitted a planning application for their proposals, and National Grid have selected their preferred route corridor and are contacting affected landowners.
United Utilities have statutory powers to lay pipelines, after notice is given. Compensation is payable to the landowner and/or tenant and affected persons should instruct a land agent to make a claim and handle negotiations; set agents fees are payable by United Utilities.
National Grid do not have the same statutory powers; they want owners to enter into Agreements to Grant an Easement. If agreement cannot be reached voluntarily, National Grid may be able to obtain the rights compulsorily.
National Grid have asked that affected parties get in touch with their agent: three land agents have been appointed by National Grid, each dealing with different areas. Landowners should appoint their own land agent to enter into discussions on their behalf.
An easement grants permanent rights of entry to National Grid to do the works and is binding against the current owner and future owners. Landowners need to instruct a solicitor to advise them about this. If the affected land is subject to a mortgage, the lender will also need to consent to the easement being granted. Incentives may be available to those who enter into the Agreement within a specified timescale, and therefore it is important for landowners to act quickly and instruct their land agent and solicitor once correspondence is received. For further information on easements please contact Diane Barnes on 01228 552222.
About the author
Senior Associate Diane specialises in agricultural land and property sales.
Published: Wednesday 11th May 2016