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Wayleaves, Easements & Compulsory Purchase

Symonds & Sampson LLP undertake considerable negotiations with Statutory Bodies and service providers on behalf of farmers and landowners. Many such bodies enjoy legal rights of access onto private land for the installation, repair, replacement and maintenance of pipelines, cables and fixtures. These undertakers are obliged to pay compensation to the landowner in accordance with the relevant legislation. Other bodies rely on negotiating with landowners, and are liable to pay higher compensation. The companies are always liable to pay compensation for losses or damage caused directly by their works.

We regularly deal with Telecommunication Companies and their agents for the erection of radio masts on areas of amenity and farmland. Invariably we find that the company has approached clients direct, and a financial offer made which is often considerably lower than market value. Our knowledge of rental values across the Wessex Region ensures that we have the most up to date evidence in order to negotiate a full rent on behalf of clients. Agreements need to consider not only the rent but also rent reviews, length of term, break clauses, site sharing, compensation for damage caused during erection of the masts and site clearance on termination of the agreed term.

Water Companies are installing systems of pipelines across the Wessex region for the provision of main water and disposal of sewage to suitable disposal points. Often these works are within land adjoining urban centres, where the land has a higher value and the presence of pipes may inhibit future development. Sites are also being acquired or extended for wastewater treatment facilities, with pressure on these companies to improve the quality of outfalls. Careful planning and advice is essential for landowners at an early stage.

Oil Companies operate within small areas of the Wessex region, seeking new reserves of crude oil, providing suitable pumping facilities and oil pipelines for its conveyance to refining facilities. Often these schemes are wide ranging across many square miles of land and affecting large numbers of landowners.

Despite cutbacks in local funding, County Councils and the Highways Department are still undertaking road improvement schemes and new road facilities within our region. These schemes may involve the loss of land, the severance of land from an agricultural holding, disturbance during construction or interference after completion. Compensation may be payable to affected landowners either in advance or on completion of the works.

Electricity Companies are not currently spreading their facilities, but they are refurbishing the existing overhead cable systems, for which they require access to private land. Planning of the work is essential to avoid contractors taking entry to land when crops are growing, when stock are present or when the ground is waterlogged. Furthermore, the pylon infrastructure is currently being used for the siting of fibre optic cables, to be used for telecommunications and the spread of digital television services.

Following extensive flooding during the autumn and winter of 2000, the Environment Agency and Local Authorities have been reviewing existing flood defence systems and associated flood alleviation schemes. Representation will ensure that such schemes are carefully planned, so that their effect on private property is minimised and adequate compensation is claimed to cover losses suffered during, and as a result of, any works.

Grants

There are many grant schemes currently operating, providing financial assistance to landowners and tenants for a variety of work and improvements. Many of these schemes are dependent on prior assessments being made of the suitability of the proposed works, and most schemes will require expenditure by the claimant before the grant is paid.

Some grants are user-friendly and financially worthwhile. However, other schemes are not sufficiently useful to justify the time and expense in submitting a proposal. We would strongly recommend that anyone thinking of submitting an application for grant assistance should take professional advice at an early stage and consider the validity of the scheme and the rewards.

Symonds & Sampson LLP can assist with:

• The England Rural Development Programme
• Rural Enterprise Scheme
• Processing and Marketing Grants
• Energy Crops Scheme
• Regional Development Agency
• Local Council Funding for Re-Use of Redundant Buildings
• Local and District Council Grant Funding
• Business Link and Farm Appraisals
• Environmentally Sensitive Areas
• Organic Aid Scheme and land registration
• Countryside Stewardship Scheme
• Woodland Grant Scheme
• Farm Woodland Premium Scheme
• Environmentally Sensitive Areas
• Grants within nitrate sensitive areas