Hi,

Wondering if anybody knows where I stand on this.

On my land, Western Power have a couple of posts holding up power lines, which I get paid rent for.

A few times, people have been out to check the posts, but they've never come in through the gate!  They've come across the fields, on to my land without asking.
I wouldn't have thought they're allowed to do that but I'm unsure.  There are no public rights of way across the land, it's all private.

I had a word with one of the chaps once because I got so annoyed, I had a stallion in the field at the time.  The chap said it wouldn't happen again but it has.

Does anybody have any ideas?

Thanks
Lisa

I would write to the company.  It's not an unreasonable request that they use the gate, after all that's what it's there for.  Did the original agreement mention how the lines would be accessed?  This is where I would start.  If there was prior agreement specifying how the lines are accessed then request that the workmen are informed of this.  If there was no mention of how the lines would be accessed then the letter should start by saying that this was an oversight on both your parts and clarification was necessary in light of workmen entering parts of your property that you don't want them to.

I would very politely request that the workmen be asked to use the gate to access the power lines.  Explain as you have on here that you sometimes have a sensitive stallion that you don't want upset by strangers striding his field and that you don't want to be made responsible for any injuries to their workmen as a consequence of them entering the field (I'm assuming that the horse wasn't in the same field as the lines, am I right?)

I'm sure they will respond reasonably as they won't want to upset you.  It's in their interest to stay in favour with you, more than you with them

Hi,

Thanks for that.  I'm not sure what the agreement consisted of.  When we moved in to the property, we didn't see an agreement, everything was just changed into our names and they send a cheque for rent every year.

Yes, you're right, the horse wasn't in the field, but his field had to be crossed to get to the one with the post in it.

I'll write to them.

Thanks again,
Lisa

The copy is probably with the deeds to the house which will be held by your mortgage company if you have one.  If you ask they will send them to your solicitor to fish it out and look at it.  I did this recently regarding a right of access issue and my solicitor did not charge me anything, I think because I used them to buy the house they consider explaining these things as part of the service but they were already holding my deeds.  You could give your solicitor a call and ask them what it would involve.
If they have to go through the horse field first I am not sure what you hope to achieve though by getting them to use another entrance to the field.

It reads to me that there is a gate accessing the field the power cables are in but for some reason the workmen are cutting through an adjacent field that has the horse in.  Perhaps it is a shorter walk across the adjacent field than from the gate.  Is this right?

I have a very small open front garden with a path but the postwoman ignores the path and cuts across my front lawn - how rude :rolleyes:  Not the same postie everyday and no horses to frighten :D so not an issue just irritating when I see her do it.

I have a copy of our wayleave regarding such equipment in front of me, and it states that the electricity company have the right to repair/inspect/maintain etc the equipment and have the right to enter the premises/land etc to do that. It does not say anything about where they are allowed to gain access, just that they are allowed over my land to do it. They also have the right to fell/lop any trees. hedges/fences that may interfere with such equipment. (This would be trees growing over lines, that sort of thing). So, at sometime in the past, whoever owned the property would have given their permission, and that should be with the deeds. You should have been made aware of this by searches your solicitor did when you were buying your property.

I have to say, each time anything has needed to be carried out, they did visit first, and say they needed to do whatever, and would it be ok to come on a certain date, so I knew they were coming.

We have several poles on our land. They are planning to remove/move a couple in the spring and have given us lots of notice and will contact us again nearer the time to arrange access - it's EDF - they seem very organised. When I was a very junior trainee, many, many years ago, with an electricity board, I spent several weeks paying the wayleaves - 5p per pole per year etc etc etc What a job - imagine how many poles etc there are around the country. Hooray for computers - the job must be SO much simpler now :D :D

Daisy

THIS MAY HELP YOU WITH INFO

http://www.websters-online-dictionary.org/Wa/Wayleaves.html

Cheers everyone, much appreciated.

Not sure how to explain the field layout etc, but I have a gated yard, which is the only entrance to the property.  The men have come across other peoples fields and across mine, climbing over hedges and fences to get to the one with the pole in it!  That's about as clear as mud isn't it?

Thanks for the info and links

Lisa

Are they following the line of the poles? maybe they are visually checking the cables by walking the line of poles?