Hi new here. I have a huge power pole in back garden and have been thinking of applying for a permanent easement as I should get decent lump sum compensation. My question is whether anyone has experience of this and how it affects sale of the property in the future seeing as the easement would be permanent. Is it worth doing?
Easement with electricity company
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Hi
Most easements do not generally affect the market value of the property but that depends on the easement and the rights that have been granted. They do however affect the marketability of a property (easements run with the land and apply to any successors) so you may want to be careful before simply signing up because you might get a decent cash lump sum.
Many providers will offer their own versions of an easement contract and normally they will be asking you to grant the whole world to them with very little recourse if something goes wrong. You would be wise to get some legal representation to negotiate any easement on your behalf and I would be asking the supplier to front those costs rather than yourself.
Other things to bear in mind is whether any taxes would be due on the sale e.g. stamp duty tax or land tax transaction if you are based in Wales.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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The property may be the subject of a necessary wayleave” - a compulsory wayleave granted to the utility company by the Secretary of State pursuant to the Electricity Act 1989.
If that exists the poster would be entitled to an annual payment running from the time he became the owner of the property.
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