Beatrice Lang
If you have an electricity pole in your garden, you may be entitled to compensation. The ownership of the pole depends on whether it is on private property or shared/public land. If the pole is on private property, the property owner is responsible for its maintenance and any necessary repairs. In some cases, electricity companies may pay landowners a wayleave fee for having poles and power lines on their land. However, if the pole is located on shared or public land, the local power distribution network or the electrical distributor company is responsible for its upkeep.
| Characteristics | Values |
|---|---|
| Who owns the electricity pole in your garden? | This depends on where you live. In the UK, the National Grid is responsible for power lines and poles on the street or in shared areas. In Australia, Ausgrid and Endeavour Energy are the two main electrical distributor networks for the Sydney area. |
| Who is responsible for maintenance and repairs? | The owner of the property is responsible for organising an electrician to resolve any issues with the pole. For strata buildings, the owner of the building is responsible, rather than individual residents. |
| Do you get compensated for having an electricity pole in your garden? | In some cases, yes. In the UK, property owners with high-voltage electricity power lines on wooden poles on their property may be eligible for compensation. In Ireland, the Electricity (Supply) (Amendment) Act, 1985 provides for the entitlement of landowners to be compensated for all loss and damage arising from the entry onto the land and the placing of the line. |
| How much compensation do you get? | There is no fixed scale of payments. It depends on factors such as the voltage of the power line, the proximity of the pole to the building, and the value of the property. |
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What You'll Learn
Who is responsible for maintenance and repairs?
Responsibility for maintenance and repairs of electricity poles in your garden depends on who owns the pole. Typically, if the pole is owned by the utility company, they are responsible for its maintenance and repairs. If, however, the pole is a private utility pole, the homeowner is responsible for its installation, repair, and replacement.
Utility companies are responsible for maintaining and repairing the electric meter and electric lines running between poles. They are also responsible for maintaining and repairing gas meters and pipes up to the meter. Any equipment past the meter, such as furnaces, gas ranges, water heaters, or pipes inside the home, is the responsibility of the homeowner.
Homeowners are responsible for maintaining most of the equipment on their property, including the wiring in and around their homes. This includes the wires connecting the weatherhead to the meter as well as the lines leading from the meter. Homeowners are also responsible for maintaining any low-voltage lines going from the power line to their house.
If a vehicle knocks over a utility pole, the utility company is responsible for repairing the pole, while the homeowner is responsible for repairing the weatherhead, conduit, and any other damage to the building.
It is important to note that electrical work should only be performed by a licensed electrician to ensure safety and avoid hazards and injuries.
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What are my rights as a landowner?
As a landowner, you have several rights pertaining to the use, development, and enjoyment of your property. These rights are subject to local and national regulations and may vary depending on your location. Here is an overview of some key landowner rights:
Surface Rights
Surface rights refer to the legal rights that a landowner has to the surface of their land. These rights typically include the ability to use, occupy, and develop the land. For example, surface rights may allow you to build structures, plant crops, or engage in other activities on the land's surface. However, these rights may be subject to zoning regulations and building codes that dictate the structure's size, height, and location.
Subterranean Rights
Subterranean rights pertain to the resources and materials located beneath the surface of your land, such as minerals, oil, gas, and water. These rights can be highly valuable but are often complex and heavily regulated. It's important to note that subterranean rights may be separate from surface rights and owned by a different party.
Air Rights
Air rights refer to the legal rights that a landowner has to the space above their property. This includes the right to build structures that extend above ground level and the right to control the airspace above their land. However, air rights are often subject to regulations and restrictions, especially in densely populated areas.
Vegetation Rights
Vegetation rights give landowners the right to plant, prune, and remove vegetation on their property. They also allow landowners to prevent others from carrying out such activities without permission. These rights may be subject to local regulations, especially in environmentally sensitive areas or where certain plant species are protected.
Riparian Rights
If your land borders or is traversed by a body of water, you may have riparian rights. These rights may include the ability to use the water for irrigation or transportation and recreation. However, they may be subject to local regulations, especially when the waterway is used for commercial or industrial purposes.
Rights Regarding Utilities
When it comes to utilities, such as electricity poles or water pipes, on your land, you may be entitled to wayleave payments from the utility companies. These payments are typically nominal sums for allowing the company to run their infrastructure over or under your land. However, granting wayleaves may require you to allow access to the utility company for maintenance or repairs.
It is important to remember that while you have rights as a landowner, they must be balanced with the rights of adjoining landowners and the interests of society as a whole. Additionally, the enforcement of landowner rights can be complex and dependent on local laws and regulations.
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What compensation am I entitled to?
If you own property or land with high-voltage apparatus, power lines, or electricity poles on or crossing it, you may be entitled to compensation. This includes lines passing overhead and wooden poles. However, it's important to note that this compensation is typically a one-time payment and is not available if it has been previously paid to a previous owner of the property.
The amount of compensation you may be entitled to receive depends on several factors. For lines supported by wooden poles, the payment rates are typically around 1% to 2% of the value of your property for a permanent easement settlement. Alternatively, you may receive a few hundred pounds for a one-off wayleave settlement. The final amount will depend on various factors, and it's worth checking the small print as rights regarding electricity company apparatus or lines crossing your property may not always be formalised.
If you have power lines or poles installed on your private property, you are generally responsible for ensuring they are maintained and working correctly. This includes organising any necessary repairs or replacements by contacting a qualified electrician. In some cases, electrical distributor companies may identify defects on private power poles and issue a notice, which must be addressed within a specified timeframe, typically by organising a level 2 ASP electrician to perform the required work.
It is worth noting that in some cases, electrical distributor companies or local authorities may be responsible for certain aspects, such as tree trimming when trees located on public areas or streets touch both street and private property cables. Additionally, companies may pay a nominal sum for the right to run a major supply over your land, known as a wayleave payment. These payments can vary significantly, from annual payments of a few pounds to one-off payments of several hundred pounds.
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Who do I contact for issues with the pole?
If you have issues with an electricity pole in your garden, the first step is to determine who owns the pole. In some cases, the local power distribution network or national grid may own the pole, while in other cases, it may be owned by a private company such as BT or Western Power.
If the pole is owned by the local power distribution network or national grid, you can try contacting them directly to report any issues. In some areas, you can call 105 to be connected to your distribution network operator. Alternatively, you can visit websites like www.nationalgrid.com to find out which operator services your location.
If the pole is owned by a private company, such as BT or Western Power, you can try contacting their customer service or support teams to report any issues. In some cases, these companies may have specific processes or departments that handle issues related to their infrastructure on private property.
Additionally, if your issue involves trees or vegetation near the electricity pole, you may need to contact a qualified arborist or tree service. In some jurisdictions, it is required by law that any tree pruning within a certain distance of power lines be performed by a qualified professional.
In the case of an emergency or damage to the electricity pole, it is important to contact the appropriate authorities or utility company immediately. This may include the fire department, the police, or the local utility company's emergency response team.
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What if I want to install a private power pole?
If you want to install a private power pole, there are a few things you need to keep in mind. Firstly, private power poles are a component of the electricity network that carries power lines from the main grid to private properties. Unlike the regular power poles owned by utility companies, private power poles are the responsibility of private individuals.
When installing a private power pole, it's essential to consider your project requirements and select the most appropriate pole type. The primary pole types include wooden, concrete, and steel power poles, each with its advantages and considerations. For example, wooden poles are often used for power distribution due to their availability, affordability, and high resistance to decay, but they may not fare well under poor weather conditions and require regular maintenance. On the other hand, concrete poles are solid and durable, making them suitable for harsh weather conditions, while steel poles are ideal for heavy-duty applications due to their exceptional strength and longevity.
It's important to note that there are legal and regulatory frameworks governing power pole installations. You must follow health and safety standards set out by your primary electricity distributor to avoid fines or disconnection of your power supply. It is recommended to hire professional electricians with the necessary training and expertise to ensure a safe and effective installation process.
In terms of maintenance, it is generally the responsibility of property owners to maintain and replace private power poles. This includes addressing any defects or issues identified during inspections. For example, defect notices may be issued for issues such as trees or branches growing too close to power poles and power lines, frayed wires, or alterations that do not meet safety standards.
Additionally, when considering the installation of a private power pole, you may also want to look into temporary power poles. These can provide access to an electricity supply from the grid for a temporary period, such as during the construction of a building. Once the permanent mains power connection is established, the temporary power pole can be removed.
Overall, installing a private power pole requires careful consideration of the appropriate pole type, adherence to legal and safety regulations, and ongoing maintenance to ensure its safe and effective operation.
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Frequently asked questions
The electricity pole in your garden is owned by your local power distribution network.
Yes, you are entitled to compensation for the loss and damage caused by the electricity pole. There is no fixed scale of payments, but it is suggested that you should get around 1.5% of the value of your property.
The property owner is responsible for maintaining the electricity pole in their garden. If there are any issues with the pole, such as it falling over, the owner must organise an electrician to resolve the problem.
