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Like many land owners I've Utility Companies' assets on my land. Included in this are telegraph poles on both my blocks from the same supply line. For nearly 2 years the power company have been discussing access to refurbish their assets. One block is, they claim, covered by a Deed of Grant, the other they claim by a Wayleave 20 year license.
I managed to prevent their start in January and then I had a site meeting in February with their Senior Wayleaves Officer and my Land Agent to discuss their terms, access, their planned work and my requirements. Areas of my land are too wet in the winter and I have highly strung livestock on the land. We failed to reach an acceptable agreement, so I refused access until such time that they agree to my terms.
I had served 6 months notice for them to remove their apparatus in January as a precaution, advising I would be charging them there after. I maintained that the Wayleave agreement they believed in place was neither lawful or legal and the Deed of Grant did not exist (no record at Land Registry for the DoG, nor me, nor anything came up in searches when I purchased many years ago). They have yet to do the work, but were probably very annoyed at my stance and requirements and I feel were laughing at me.
I invoiced in August with notice I would continue to do so until resolved and that there was no lawful or legal agreement in place. The response was that their response was as per earlier in the year and that the work still needed doing but I was preventing access. They also stated they were no longer prepared to discuss, but would keep my correspondence on file (!!!)
I have other matters / battles involving the discovery of a neighbour who when building a couple of properties adjacent to a private road I own, "assumed" authority and did a few things he had no rights to, without my knowledge or consent. He has been extremely lucky as the County Council did not do due diligence. I have been in discussions and involved my Solicitor to reach resolution. The Solicitor recently advised getting a Chancery Barrister prior to issuing pleadings. We had a site meeting last week to familiarise him and discuss. I used the opportunity to double check on the legality of the Wayleave. Fortunately I was correct - they do not have a legal / lawful agreement in place. I emailed my contact, advised him I now had confirmation of my stance and told him I was dropping in to see him to resolve.
We met and discussed. A few things came up, some of which may help others in similar situations:-
As someone else said make sure you are dealing with the top guy and not an oily rag. He'd only discussed with his boss, also non legal, so did not understand my assertion why the wayleave was not legal. Hence the "assured" fobbing off with yes we have a legal agreement. I had presumed from his emails that he'd cleared with his Legal Department.... my mistake.
A 12 month Wayleave can be cancelled by the grantor at any time.
It is only a license.
20 years agreement - can only be cancelled after the end of the term or if the land is sold. It does not transfer to the new owner. They do still have some rights though, he reckoned, if the land is sold in that period.
By the way what techniques do you use when Corporations shut down on you other than going legal? I also have two Councils now refusing to correspond with me - one is over an unjust PCN which they reckon will go through the procedure and they don't have to provide me with answers or any information that will help my case. The other is the Council which did not do due diligence with the neighbour - I want a meeting with their Head of Legal and Head of Highways. Legal is refusing stating this is their stance (tough) and the matter is closed and Highways is ignoring me. I'm very tempted to call in every day until I get to see them.....
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