Compulsory Purchase, Telecoms & Utilities

Our Head of Land Agency, David Stout, has recently written a piece for the Farmers Guardian on whether compulsory purchases by telecom and utility companies are threats or opportunities.

The piece featured in the July 12th edition and can be read below:

With the pressure and demand for quicker journeys, better communication and services ever
growing, the impact on the rural sector has never been greater. With that demand comes a
broadening range of complexity, not only due to of the implications from these areas on landowners
and farmers, but also highlighting the need to obtain good professional advice as early in the process
as possible. Such intervention will ensure that those companies driving these schemes will be able to
take full account of the issues applicable to the relevant client, and to act on them whilst also
enabling more detailed negotiations to be undertaken.

Road schemes are often long in the making but will always require prior consultation with those
affected when it is vital that all the relevant factors are made known. Compensation whilst vital,
should always be seen as the last part of the process, rather than the only part. Endeavouring to
prevent any unforeseen impact on clients land or property is a key part of the process and one
where Agents should genuinely believe they can add significant expertise and subsequent benefit in
protecting client's interests.

Whether these involve the taking of land, laying cables or pipes through or above land,
understanding and applying the full extent of the land owner or occupiers rights is critical in ensuring
that their interests are fully protected.

Many will have heard of the recent changes to the way in which rents on existing or future Telecom
masts are to be negotiated with an apparent dramatic swing in favour of the Telecom companies
arising from the new Electronic Communications Code. Despite this, many of us as agents acting for
affected parties, who often achieve significant rental income from such assets, have challenged not
only the principals of the code but also the effectiveness of it and how it can be applied.

Whilst any approach from a third party can, on the face of it, be unwelcome, these can also bring
opportunities which again can only be developed through good communication and early
negotiation. On the flip side, there can be unforeseen benefits such as the potential removal of
overhead cables, better Broadband links, improved water supplies, new income streams or
development opportunities, to the overall benefit of the landowner or tenant.

In summary, if contacted or notified by any companies wishing to carry out works on your land,
always ensure that you seek early advice from a knowledgeable and experienced Agent. To add
further incentive in the majority of cases, any professional fees will be met by the acquiring
authority or utility company.

For further information, David Stout can be contacted via email on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 01768 866611.