We are all familiar with national energy infrastructure projects which criss-cross our region.  More are already coming onstream, and inevitably future schemes will be planned to help the country move towards a net zero position.

You may receive a letter in the post or a visit by an agent on behalf of a scheme seeking your consent to construct part of the scheme’s equipment on your land, and your agreement to grant rights over your land for the infrastructure to be accessed and maintained for the future.  Quite often you will be asked to sign a consent form when they visit or return one in the post within a very short period. It is crucial that if you receive written communication such as this, or a visit from an agent for the scheme, that you take early legal and other professional advice before you sign as you may be creating legally binding relations without making sure that what is being offered are the best terms that are available. By taking appropriate advice this can help you limit the inconvenience and disturbance to your business and land, whilst maximising the income that might be available from such a scheme.

It is also important that you deal with any proposals from them in a timely fashion to ensure that you can privately negotiate the terms of any rights that are required over your land.  For example, they may require an easement through your land to run cables or pipelines.  An easement is a private right in land, and ideally the document granting the right would give details of protection for you in respect of reinstatement of the land once the infrastructure is installed, and protection against any future environmental contamination that may be caused the equipment.  Further rights may be required over your land to provide a works compound for the storage of equipment and vehicles during the construction of the infrastructure and potentially, the site for an electricity substation within your property connecting services to the national grid.  Each of these items can attract differing levels of financial payments, and it is important to ensure any documents include appropriate rights to protect your land and minimise disturbance.

Most schemes of a national nature can compulsorily acquire rights if these cannot be privately negotiated.  Compulsory acquisition is whereby the government grants the developers the right to force you to grant the necessary rights in your land for the developer to lay the equipment.  Often the terms of payment and the terms of working in relation to rights acquired in this way are much less favourable to the landowner.  Therefore, is it recommended that you take action appropriately to protect your position.

The firm has extensive experience in acting on behalf of clients in these schemes and can also assist you in obtaining appropriate valuation advice to ensure that payments being offered represent good value.

Please do not hesitate to contact Claire Ramsden in the Real Estate and Property Department on 01482 601322 if we can assist in any schemes about which you are approached.