Property rights

fernrock

The ESB are demanding to place a stay for a pole on my property.
The pole is outside my boundary wall and, not supplying my property.
Does anybody know what rights they have and if I can prevent this happening.
They have threatened to send me a solicitors letter if I don't comply.

Samuel T. Cogley

Real property rights are not absolute. For legal advice you need a solicitor.

GM228

fernrock wrote: »

The ESB are demanding to place a stay for a pole on my property.
The pole is outside my boundary wall and, not supplying my property.
Does anybody know what rights they have and if I can prevent this happening.
They have threatened to send me a solicitors letter if I don't comply.

Unfortunately a land owner has no say in the matter, S53 of the Electricity (Supply) Act 1927 gives them the right to place anywhere any equipment (including supports) for the carrying of lines on any land including private land.

There is no way to prevent this, it was tested in the Supreme Court in the Electricity Supply Board v Gormley [1985] IR 129 case, but you are entitled to compensation for any damage done to the land as a result under the provisions of the Electricity (Supply) (Amendment) Act 1985 .

mel123

As GM228 said, you dont have any choice.
However, i would try and see if you can get a bit of discount on your electricity bill. I know someone who had similar issues with NTL and they got free basic tv channels for life. Might be worth a try trying to blag something.

tiny timy

A neighbour of mine refused the ESB from putting a stay in his field. Didn't refuse them permission onto his land or anything like that. Simply refused them putting in the stay.

There wasn't much hassle about it and in the end they dug a big hole, put in a steel pole that didn't require a stay and poured concrete around it. That was the end of that.

Mr. Incognito

Speak to a solicitor.

You can make a nuisance of yourself and get properly compensated

Victor

fernrock wrote: »

The pole is outside my boundary wall

Do you mean the location is contiguous with the public road because the council said the boundary had to be moved when you applied for planning permission? Then is the land in the charge of the council and you don't have a whole lot of say in the matter?

You could negotiate with them to minimize the impact.

fernrock

Victor wrote: »

Do you mean the location is contiguous with the public road because the council said the boundary had to be moved when you applied for planning permission? Then is the land in the charge of the council and you don't have a whole lot of say in the matter?

You could negotiate with them to minimize the impact.

The pole in question is at the rear of my property in another persons property and, has been there (without a stay) for in excess of 20 years.

Now the ESB want to place a stey over the boundary wall into my property to an area where children play.

Peregrinus

Legally, they can do it.

If you feel this make the area unsafe for children's play you can talk to them about, e.g, fencing off the area where the stay is, to keep children away from it. Or something like that. And if you can make a case that the value of your land has been diminished you can seek compensation.

But, bottom line, you can't prevent them from doing this if they are determined to do it.