ESB Easement / Rights of way

reilig

We have a 110kv triple line that runs over our property. It also runs over a neighbour's property. We have a right of way on a laneway through this neighbour's property to access a house and land.

We have been contacted by the neighbour's solicitor in the last few days who is asking us to sign a document which grants easement rights to the ESB over our laneway.

This is an unusual situation. I asked the solicitor why they required it, she said that they were directed by the ESB to obtain it. It doesn't sit right in my head. I have other laneways and land which is directly beneath this 110kv line and the ESB have not contacted me looking for Easement.

Also, why would the ESB direct a neighbour to pay their solicitor to get me to sign an Easement for the ESB. Why would the ESB not contact me directly to obtain this easement?

I have contacted my solicitor already on this, but I just asking in case anyone on here has experience of the ESB seeking Easements over their property?

Rovi

I'd say it's coming through your neighbour because they're the owner of the land, and the ESB consider their dealings to be with the landowner.

This is just me speculating, I have no firsthand knowledge or experience of this!

freedominacup

reilig wrote: »

We have a 110kv triple line that runs over our property. It also runs over a neighbour's property. We have a right of way on a laneway through this neighbour's property to access a house and land.

We have been contacted by the neighbour's solicitor in the last few days who is asking us to sign a document which grants easement rights to the ESB over our laneway.

This is an unusual situation. I asked the solicitor why they required it, she said that they were directed by the ESB to obtain it. It doesn't sit right in my head. I have other laneways and land which is directly beneath this 110kv line and the ESB have not contacted me looking for Easement.

Also, why would the ESB direct a neighbour to pay their solicitor to get me to sign an Easement for the ESB. Why would the ESB not contact me directly to obtain this easement?

I have contacted my solicitor already on this, but I just asking in case anyone on here has experience of the ESB seeking Easements over their property?

This doesn't sound right at all. The ESB don't have to ask AFAIK. They are obliged to compensate if they do damage to crops or boundaries etc in the course of their work but they don't have to ask especially in a power outage. For general line work their practice is to speak to the landowner before accessing lines but they aren't really asking permission more informing you of what's going on. For us it was never a question. We had a relatively small transmission line running through land we had on long term lease and had regular dealings with the ESB with no difficulties, but for us the connection (hah!)was stark as the farmyard was connected directly to this transmission line so any obstruction on our behalf would have been cutting our nose off to spite our face. Maybe it's changed but surely most posters on here would have gotten a form from ESB looking for easements.

WaltKowalski

It's just manners really.

Is your right of way over your neighbours land registered?

If it is, and I imagine that it is if the esb has made (indirect) contact with you, then it has a priority over theirs, and they probably just want your acknowledgment that everything's above board.

You probably won't be long hearing from them about registering easements on your own property.

It's very common. The esb have 2 legal offices full time looking after this kind of thing.