Farmers and landowners have been told to know their rights when utility companies access private land for repairs, renewals or new schemes.
Many farmers and landowners across the country have a utility apparatus of some sort crossing their land.
Electricity power lines, water, sewer and gas pipelines all form utility apparatus benefitting from a range of statutory powers to enter private land.
H&H Land & Estates has highlighted what is key for a farmer to consider should they be contacted by utility companies.
According to the group, acts such as the Electricity Act 1989, Water Industry Act 1991 and the Gas Act 1986 are in place to convey key details.
Louise Stones, graduate surveyor for H&H says: “Where statutory powers exist that allow a third party to require right in or over land, the owner/occupier has the legal entitlement to make a claim for compensation.
"The cost of being professionally represented is also part of the claimant’s claim. What this means is that when your agent is working on your behalf and representing you during the entire claim process, it should not cost you anything.”
There is a wealth of different legal procedures that must be correctly followed to allow any statutory undertaker to enter private land.
In the first instance, Ms Stones says it is crucial to review the proposed scheme and ascertain the statutory stipulations that are being relied upon to take access to the private land.
“Where the works are to be carried out, a record of condition should then be taken, this can be used as evidence during the claim negotiation stage," she says.
"This record should be correctly documented and signed by both the landowner/occupier and the agent from the utility company, as acceptance to the pre-entry condition.”
When considering compensation, Ms Stones says there are a number of important issues to consider.
“Presenting a compensation claim is based on putting the owner/occupier in a position that they would have been if have the works had never happened."
She says this claim should also include time and resources spent on the matter by the claimant.
"All of the claimant’s time should be carefully recorded, for instance in a diary format, which can then be used as evidence and claimed for as management time lost."
H&H Land & Estates has recently been involved in a number of utility company claims, the most recent the replacement of a water main across both horse grazing land and arable land.
Given that both of these sites benefitted from development potential, this had to be taken into consideration.
Ms Stones adds: “Whether you are a farmer, a commercial property owner or a residential property owner, when utility companies are accessing your property under statutory power it really is key that you protect your own interests.
"Utility companies expect to compensate for losses, so as soon as you become aware of any potential scheme impacting your land seek professional advice.
"This will ensure that all potential losses are identified and claimed for.”
