Wayleave "scam"?

Oct 27, 2017 26 Replies

Two or three times a year I receive a letter from a firm offering to negotiate on my behalf with the Electricity Board (or whatever it they are called these days) over payment for a wayleave for the power poles on my property.



Since these poles supply electricity to my house, and IIRC from my parent's house, the amounts of money are risible, I throw these away. Also, the electricity company prunes the adjacent trees (which are also mine) FoC, which is worth far more than any potential payment, and I wouldn't want to antagonise them!



Is it actually worth responding to this?



It isn't actually a scam as such. You are entitled to some minor wayleave payment from them if there are poles on your land. It is only a scam if they charge you for help obtaining something that should be FoC.

I think you can do it directly but round here the electricity company paid for a bunch of surveyor types to go round and get people to apply. Didn't cost the farmers a penny and got some beer money in return.

It was a few years ago and in person at about the same time as they were surveying which roadside trees badly needed a haircut. They had ID and paperwork on a clip board and would leave the application with anyone they happened to find with a pole on their land (and or notification that some of your trees were to be cut to protect the power lines).

Hence the quote marks! :o)

Even if I took this up, I'd go directly to the power company. I'm not putting any money in the pockets of ambulance chasers.

We've had the man with the clipboard and a few days later the tree gang, but wayleaves weren't mentioned. I wish I'd remembered to ask him.

Its decades ago but my dad accepted ISTR a figure around a £100 to sell the wayleave of a few poles to what was then SWEB as it was more beneficial at the time than the few bob a year being drip fed in. If you are not getting anything at the moment perhaps that option was taken by a previous owner of your land.

I would think you could ask the electrical distributor and ask them direct rather than a profit motivated middle firm, you might even strike lucky and find they owe you a few years but as you surmise it is hardly a useful amount. You need a cellphone base on your land for that, The neighbouring farmer to my parents goes on a cruise each year from the amount they pay him.

As for the Trees how far away from the conductors do you get free tree surgery? IANAL but even if they were paying wayleave I think the onus is on them to keep safe clearances from the conductors and equipment and where vegetation encroaches are obliged to deal with it.

G.Harman

Way back in CEGB days, there was a research team looking into what were then called Expert Systems for all sorts of highly technical issues.

The only one which was actually implemented was one to select the correct herbicides for using on sub-stations (and perhaps around poles and pylons). This was, apparently, quite a bit more complicated than you might expect, and resulted in significant savings.

I thought that didn't apply if the poles only served your own property?

It might not. Most of the ones round here serve a long line.

Many but not all are along the roadside with the odd spur over private land. NEDL were quite diligent in making sure everyone got their dues.

No. Contact the distribution company direct and tell them how many poles you have together with any stays and ask for an agreement to be set up. They have a 'standard' of payment which is based on agricultural values rather than 'garden' values so its not a lot each year but the £20odd a year cheque is nice when it drops through the door.

You won't antagonise them as they will still prune trees that are within a certain distance of lines. The guys who do the pruning will be outside contractors anyway so will have no knowledge as to whether or not you get a wayleave payment.

The exception to the annual payment *may* be that the previous owner opted for a lump sum 'in perpetuity' payment but the company will be able to tell you if that is the case.

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No idea. I didn't even know we did. The lines run over a row of pollarded poplars. I kept looking at them and thinking "They need pruning" and putting it off because of the power lines and then the man with the clipboard knocked on the front door and informed me they'd do it for nothing.

Oh, that's what I was going to do. The letters only act as a reminder (and go straight in the shredder.)

Indeed, but the man with the clipboard was a 'leccy company employee.

OK, ta.

That would have involved a deed (easement) which should show on the registered title of the land. (Wayleaves don't.)

Yebbut he will be from a different department and will be checking the lines and, possibly, poles and will have no idea about wayleave payments. BTDTGTTS.

When the electricity people came to trim our trees, I was told that 6 metres was the required distance. I hope they come by again soon - some of the trees need trimming again.

BTW, wayleaves are covered here;

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Correct. ENW actually contacted us a couple of years back about the wayleave for the pole on our land. Apparently they'd been paying it to some one we had never heard of and wasn't one of the known previous owners either. Mind you as the address's/postcodes associated two of the 3 MPANs we have maybe the recipient was the owner of that land that doesn't have our pole on it...

As for Huge it sounds like the pole(s) suuply more than one property so wayleave payments are due. The yearly amount isn't great but if they haven't been paid for a few years there could be a nice little wad waiting. But go direct to the DNO not via some thrid party who will no doubt want their cut.

We've had a form on our noticeboard from ENW for the last couple of weeks. They are to trim our trees to 1.5m from the fully insulatated coaxial 230 V supply feed. I don't think the trees are within 1.5 m of the pole transformer or 11 kV line.

I suspect the distance has more to do with how fast that particular species of tree grows and how often they can get round to cutting it.

My local substation becomes buried in marestail all summer. It's rampant in the area, although with 10 years effort, it's just about gone from my garden.

Hmm. That appears to be just for England - I'm in Scotland.

To be safe it's best to look at the particular company that deals with your bit of the country for details. See

But in general I think it's one of the things where the law in Scotland and in E&W don't differ all that much. Both use the term "wayleave" for what's essentially a contract between the landlowner and the utility. And both have back-up statutory powers for "necessary wayleaves". And I think for this purpose a "servitiude" in Scotland is much the same as an "easement" in E&W.

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