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Hi
Bit of a long shot this as it's a French legal matter.
I have a property in France and I've been asked by the utility company Enedis to sign a contract so they can come on to the property and replace a section of overhead power cable (routine maintenance). The contract appears to cover the work they want to undertake now but also states our future obligations to one another, I'm trying to work out if I will be liable for any of the costs now or in the future for repairs and maintenance, below is some of the contract translated in to English.
ARTICLE 1 - Easement rights granted to Enedis
After having read the route of the works, mentioned below, on the above-mentioned parcel of land, the owner
grants Enedis the following rights
1.1/ Establishing a permanent establishment :
- 1 support(s) (equipped or not)
and
- 1 anchor(s) for overhead electrical conductors on the outside of walls or facades facing the public highway or the
roofs or terraces of buildings.
For the supports, the approximate dimensions on the ground (including foundations) are respectively:
- Support n
°
1 : 0.45 cm x 0.45 cm
1.2/ To pass overhead electricity conductors over the said designated parcel over a total length of approximately 62
meter(s).
1.3/ Without box
1.4/ Pruning, removal, felling or stumping of any plantations, branches or trees, which are located in the following areas
proximity to the site of the structures, interfere with their installation or could, by their movement, fall or growth, result in
damage to the works, it being specified that Enedis may entrust these works to the owner, if the latter so requests, and
undertakes to respect the regulations in force.
1.5/ To use the above-described works and to carry out all operations necessary for the needs of the
electricity distribution (reinforcement, connection, etc.).
As a result, Enedis may allow its agents or those of duly accredited contractors to enter the property.
by him for the construction, supervision, maintenance, repair, replacement and renovation of the works and the
established.
Enedis shall ensure that the parcel(s) concerned is (are) left in a state similar to that which existed before its intervention(s) in the
title hereof.
The owner will be notified in advance of interventions, except in case of emergency.*
ARTICLE 2 - Rights and obligations of the owner*
Agreement A06 - VB06
2. 1/ The owner retains ownership and enjoyment of the plot.
However, the owner shall refrain from planting any trees under the route and in the vicinity of the works defined in Article 1.
or shrubs, no cultivation and more generally no work or construction that is detrimental to the establishment, maintenance,
the operation and solidity of the works. The owner shall also refrain from interfering with the safety of the installations.
2.2/ If the owner proposes to close, build, demolish, repair or raise an existing construction, he shall
must inform Enedis by registered letter, with acknowledgement of receipt, addressed to the elected address above.
two months prior to the commencement of the work, the nature and consistency of the work it intends to undertake in
Enedis will be required to reply within one month from the date of the request.
the acknowledgement of receipt.
If the regulatory distance between the works on the parcel and the proposed construction is not respected, Enedis will be
required to modify or relocate electrical structures. This modification or relocation will be carried out according to your choice.
technique stopped by Enedis and at his expense. However, the owner may consent to the maintenance of the works by means of the
payment of compensation for the obstacle to the realization of its projects.
If Enedis is required to modify or relocate its works, it may ask the owner or operator of the land, account for
(b) in the light of the duration of the works, the return of all or part of the compensation paid, depending on the duration of the works
only in the case of agricultural, wooded or forested land, pursuant to Article 3 below.
If the owner has not, within a period of two years from the modification or relocation, carried out the planned work,
Enedis shall be entitled to claim reimbursement of the costs of modifying or relocating the works, without prejudice to
of any other damages, if any.
ARTICLE 3 - Possible compensation
3.1/ This agreement shall be concluded free of charge, except where the parcel covered by this agreement is the subject of an
forestry, logging or farming as defined in the Memoranda of Understanding1
The agreement between the agricultural profession and Enedis, in
in force on the date of signature of this Agreement.
In these cases alone, the Enedis distributor will pay as lump-sum compensation for losses of any kind
resulting for the latter from the exercise of the rights recognised in Article 1:
- D to the owner who accepts, an indemnity of zero euro (0 €).
- D Where appropriate, the operator who accepts, an indemnity of zero euros (0 €).
3.2/ In addition, any damage that may be caused to crops, wood, forests and property during the construction, operation or maintenance of the farm, or during the use of the land, shall be paid to the owner.
supervision, maintenance, repair, replacement and renovation of structures (except felling and pruning)
of trees compensated under subsection 3(1) will be compensated, depending on the nature of the damage, either by the
owner, either to the operator and fixed amicably or, failing agreement, by the competent court.
1 Protocols "permanent damage" and "instantaneous damage" relating to the installation and work on power lines
above and below ground on agricultural land*
ARTICLE 4 - Responsibilities
Enedis will pay for all direct and indirect accidental damage resulting from its occupation and/or its
interventions, caused by its fact or by its installations.
The damage will be evaluated amicably. In case the parties do not agree on the quantum of the indemnity, it will be set
by the competent court of the place where the property is situated
ARTICLE 5 - Effects of this Convention
Under Decree No.
67-886 of October 6, 1967, this agreement produces, both in respect of the owner and his assigns
than third parties, the effects of the prefectoral decree provided for in Article L323-4 of the Energy Code. As a result, the
the owner undertakes to bring this agreement to the attention of the persons who have or who acquire
the rights to the parcel crossed by the works, in particular in the event of transfer of ownership or change of tenant
It further undertakes to have the electrical works defined in Article 1 carried over into any deed relating to the parcel concerned,
the terms of this Agreement.*
ARTICLE 6 - Disputes
In the event of any dispute arising between the parties in connection with the interpretation or execution of this Agreement, the parties shall
agree to seek an amicable settlement. Failing agreement, disputes will be submitted to the competent court of the place of location.
Bit of a long shot this as it's a French legal matter.
I have a property in France and I've been asked by the utility company Enedis to sign a contract so they can come on to the property and replace a section of overhead power cable (routine maintenance). The contract appears to cover the work they want to undertake now but also states our future obligations to one another, I'm trying to work out if I will be liable for any of the costs now or in the future for repairs and maintenance, below is some of the contract translated in to English.
ARTICLE 1 - Easement rights granted to Enedis
After having read the route of the works, mentioned below, on the above-mentioned parcel of land, the owner
grants Enedis the following rights
1.1/ Establishing a permanent establishment :
- 1 support(s) (equipped or not)
and
- 1 anchor(s) for overhead electrical conductors on the outside of walls or facades facing the public highway or the
roofs or terraces of buildings.
For the supports, the approximate dimensions on the ground (including foundations) are respectively:
- Support n
°
1 : 0.45 cm x 0.45 cm
1.2/ To pass overhead electricity conductors over the said designated parcel over a total length of approximately 62
meter(s).
1.3/ Without box
1.4/ Pruning, removal, felling or stumping of any plantations, branches or trees, which are located in the following areas
proximity to the site of the structures, interfere with their installation or could, by their movement, fall or growth, result in
damage to the works, it being specified that Enedis may entrust these works to the owner, if the latter so requests, and
undertakes to respect the regulations in force.
1.5/ To use the above-described works and to carry out all operations necessary for the needs of the
electricity distribution (reinforcement, connection, etc.).
As a result, Enedis may allow its agents or those of duly accredited contractors to enter the property.
by him for the construction, supervision, maintenance, repair, replacement and renovation of the works and the
established.
Enedis shall ensure that the parcel(s) concerned is (are) left in a state similar to that which existed before its intervention(s) in the
title hereof.
The owner will be notified in advance of interventions, except in case of emergency.*
ARTICLE 2 - Rights and obligations of the owner*
Agreement A06 - VB06
2. 1/ The owner retains ownership and enjoyment of the plot.
However, the owner shall refrain from planting any trees under the route and in the vicinity of the works defined in Article 1.
or shrubs, no cultivation and more generally no work or construction that is detrimental to the establishment, maintenance,
the operation and solidity of the works. The owner shall also refrain from interfering with the safety of the installations.
2.2/ If the owner proposes to close, build, demolish, repair or raise an existing construction, he shall
must inform Enedis by registered letter, with acknowledgement of receipt, addressed to the elected address above.
two months prior to the commencement of the work, the nature and consistency of the work it intends to undertake in
Enedis will be required to reply within one month from the date of the request.
the acknowledgement of receipt.
If the regulatory distance between the works on the parcel and the proposed construction is not respected, Enedis will be
required to modify or relocate electrical structures. This modification or relocation will be carried out according to your choice.
technique stopped by Enedis and at his expense. However, the owner may consent to the maintenance of the works by means of the
payment of compensation for the obstacle to the realization of its projects.
If Enedis is required to modify or relocate its works, it may ask the owner or operator of the land, account for
(b) in the light of the duration of the works, the return of all or part of the compensation paid, depending on the duration of the works
only in the case of agricultural, wooded or forested land, pursuant to Article 3 below.
If the owner has not, within a period of two years from the modification or relocation, carried out the planned work,
Enedis shall be entitled to claim reimbursement of the costs of modifying or relocating the works, without prejudice to
of any other damages, if any.
ARTICLE 3 - Possible compensation
3.1/ This agreement shall be concluded free of charge, except where the parcel covered by this agreement is the subject of an
forestry, logging or farming as defined in the Memoranda of Understanding1
The agreement between the agricultural profession and Enedis, in
in force on the date of signature of this Agreement.
In these cases alone, the Enedis distributor will pay as lump-sum compensation for losses of any kind
resulting for the latter from the exercise of the rights recognised in Article 1:
- D to the owner who accepts, an indemnity of zero euro (0 €).
- D Where appropriate, the operator who accepts, an indemnity of zero euros (0 €).
3.2/ In addition, any damage that may be caused to crops, wood, forests and property during the construction, operation or maintenance of the farm, or during the use of the land, shall be paid to the owner.
supervision, maintenance, repair, replacement and renovation of structures (except felling and pruning)
of trees compensated under subsection 3(1) will be compensated, depending on the nature of the damage, either by the
owner, either to the operator and fixed amicably or, failing agreement, by the competent court.
1 Protocols "permanent damage" and "instantaneous damage" relating to the installation and work on power lines
above and below ground on agricultural land*
ARTICLE 4 - Responsibilities
Enedis will pay for all direct and indirect accidental damage resulting from its occupation and/or its
interventions, caused by its fact or by its installations.
The damage will be evaluated amicably. In case the parties do not agree on the quantum of the indemnity, it will be set
by the competent court of the place where the property is situated
ARTICLE 5 - Effects of this Convention
Under Decree No.
67-886 of October 6, 1967, this agreement produces, both in respect of the owner and his assigns
than third parties, the effects of the prefectoral decree provided for in Article L323-4 of the Energy Code. As a result, the
the owner undertakes to bring this agreement to the attention of the persons who have or who acquire
the rights to the parcel crossed by the works, in particular in the event of transfer of ownership or change of tenant
It further undertakes to have the electrical works defined in Article 1 carried over into any deed relating to the parcel concerned,
the terms of this Agreement.*
ARTICLE 6 - Disputes
In the event of any dispute arising between the parties in connection with the interpretation or execution of this Agreement, the parties shall
agree to seek an amicable settlement. Failing agreement, disputes will be submitted to the competent court of the place of location.
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