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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I HAVE AN ELECTRICITY SERVICE POLE IN MY GARDEN WHICH SERVES

Customer Question

I HAVE AN ELECTRICITY SERVICE POLE IN MY GARDEN WHICH SERVES MY NEIGHBOUR WITH AN OVERHEAD POWER SUPPLY. MY OWN SUPPLY IS UNDERGROUND. CAN I HAVE THIS POLE REMOVED AND RE-ERECTED INSIDE MY NEIGHBOUR'S OWN PROPERTY AS I WISH TO BUILD A NEW HOUSE ON THE LOCATION OF THE EXISTING POLE.
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 5 years ago.

Andy M :

Hi there

Andy M :

It would be normal that the local Electricity Board have a "Wayleave Agreement" in place which is their permission to have the electric pole to remain where it is. This agreement will normally be registered on your Title Deeds, and therefore binds you.

Andy M :

You therefore need to check this position.

Andy M :

Even if there is no Wayleave agreement in place, then the Electric board do have the power to place poles, where required.

Andy M :

Either way, you would need to approach the Electricity board (there should be a number on the Pole that you would need o quote, being their reference number) and see if they will agree to remove it. Please note that they do NOT have to move it ontoo your neighbours land, and if they do agree to remove it, it would be usual for you to pay for the cost involved.

Andy M :

I hope this answers your question, and if so, I would be grateful if you could press the Accept button.

Andy M :

Kind Regards

Andy M :

Andy M

Customer: replied 5 years ago.

Andy,

Thanks for returning so promptly.

Scottish Power have agreed to move the pole and I am agreeable to their costs. There will be no cost to the neighbour for this however if the work is to proceed I would like the pole repositioned inside his land and not in mine.

The pole will only serve the neighbour as my supplies are underground.

Is it reasonable to ask him to have the pole inside his boundary under these circumstances.

XXX XXXXXXXXX

Expert:  Aston Lawyer replied 5 years ago.

 

Hi Tom,

 

It would be reasonable for the new pole to go on your neighbour's land, but the decision for this lies with Scottish Power, I'm afraid.

 

If I have answered your question, I would be grateful if you could press the Accept button.

 

Kind Regards

 

Andy M

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