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GVD, Compulsory Purchase and compensation

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  • GVD, Compulsory Purchase and compensation

    Summary of the situation is that Esso have installed their Southampton to London pipeline through my land. The financial recompense for the easement is based on length and so my compensation is a trivial amount. The trouble is: the route of the pipe cuts off the access to the vast majority of my land and although Esso made assurances that I would have continual, uninterrupted access, I have not had access for nearly two years. When it came time to sign the second easement, I asked my solicitor to gain assurances from ESSO that they would abide by our contractual agreement before he provided the already signed and witnessed documents. Esso’s legal department made no reply and just added my property to the GVD. We were eventually forced to send the documents to avoid compulsory purchase but they have not made any effort to honour our agreement. They have created devastation and there appears to be no plan to address any of it. The land agent that Esso insisted I have, worked solely for Esso’s benefit and I have received no renumeration. The universal opinion of land agents is: “You just have to take any crumbs Esso feel like brushing in your direction and there is nothing you can do about it. Esso have infinite amounts of money so any thought of taking legal action will cost hundreds of thousands for no benefit”. Having spoken to many other land owners, the story appears to be the same everywhere – Esso have bullied them into submission and the land agents are ineffectual and on the pay role. Questions:- Is it true that once the GVD is instated, it cannot be removed? (I have written to the secretary of state and informed her of the abuse of the powers). Do I have any way of forcing Esso to comply with their contract? Aside from uniting all the unhappy land owners for some kind of class action (or similar), is there any avenue for compensation?
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  • #2
    What is a GVD?

    If you have an agreement, and if it is enforceable, you can take court action to enforce it.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      What is a GVD?

      If you have an agreement, and if it is enforceable, you can take court action to enforce it.
      Thank you Atticus, it is a "general vesting declaration" https://www.gov.uk/government/public...ng-declaration

      Yes, I realise that there will be aspects of our contract that are enforceable, it's just at what cost. Ive also realised that the contract is deliberately vague in a lot of areas. At the time of signing the agreement, there was no indication that inconvenience would be any more than a week or two. In fact Esso's spokesmen told me on several occasions that I would have access across the pipeline at all times.
      The land agent also made clear that there was absolutely no room for discussions, I would have to sign it or it would be compulsory purchased. Everyone I have spoken to on this project have been bullied by Esso.

      Comment


      • #4
        Thank you for explaining the TLA.

        If you want to enforce your rights, well you appear to understand how it works. Have you had your solicitor write Esso a firm letter requiring compliance with their contractual obligations?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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