Poole - 01202 355485
Statutory Undertakers - ensuring fair compensation in property issues
Modern life is demanding more land to be made available for pipelines, cables and roads. Statutory Undertakers are the organisations and companies licensed by the government to dig holes in roads, verges, footpaths and other public open spaces under the New Roads and Street Works Act 1991. This broadly covers electricity, gas, water, drainage, telephone and cable television providers as well as the Highway Authority themselves.
Some undertakers hold powers to carry out works on private land where this is in the public interest. Rights to compensation can be set out in enabling legislation, such as The Water Act. In such cases access can be taken for repairs and renewal following service of Notice with compensation being calculated at a later date. Generally new apparatus and land acquisition will require terms to be agreed prior to entry. Other bodies do not hold any rights to access private land, so compensation has to be agreed prior to entry. Credible valuations are essential if compensation claims are to be resolved quickly and satisfactorily.
We have considerable experience in dealing with compensation claims of all types, so if you are contacted by a Statutory Undertaker requiring access onto your land you should contact us immediately for professional advice. Fees incurred will usually be paid by the Statutory Undertaker and we can usually assist both parties by enabling access to private land in a structured manner, with the landowner and occupier both receiving appropriate compensation.
Mobile Phone Masts
In recent years we have witnessed sustained development throughout urban and rural areas with mobile phone masts. Our experience has shown that many leases allow for rent reviews or for new terms to be negotiated. In some cases the masts are being shared without additional remuneration to the land owner. Anyone with a mobile phone mast on their land is advised to take professional advice to ascertain whether increased rental income can be gained.
Wind Turbines
The UK is very well suited to electricity generation form renewable sources, especially through wind turbines. Furthermore, electricity from renewable sources is subsidised, so we can expect more planning applications for wind farms to be built across the Wessex region. Whether you want to promote your land as a potential site or object to plans for a wind farm on land near your home we have relevant experience to assist you.