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CASE STUDY: Right of access and issues involved

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Farmers are often subject to requests for a right of access over their land by utility or telecoms companies. The purpose may be the placement of new power lines or mobile phone masts or the maintenance of existing equipment like gas or water pipes. Often these companies will have professional agents acting on their behalf and that can be quite daunting. We have experienced agents who can act on a client’s behalf, often with their fees paid for by the utility company.

CASE STUDY: Right of access and issues involved

Challenge

Poppy is an arable farmer with a 400 acre holding in North Shropshire. Prior to contacting ADAS, Poppy had agreed with a telecoms company to permit access to her land to lay fibre optic cables. In doing so, the telecoms company dug trenches damaging an immature wheat crop that didn’t re-establish. There was disagreement between Poppy and the telecoms company about compensation for the crop loss.

Approach

How we were able to help

  • We liaised between Poppy, the telecoms company and the telecoms company’s sub-contractor who undertook the work.
  • We negotiated with the telecoms company in relation to ADAS’s fees to work on Poppy’s behalf.
  • We calculated of the value of the loss of the crop and submission of a claim to the telecoms company.
  • We negotiated with the telecoms company’s land agent to arrange release of money to compensate for loss of the crop.

Outcome

Poppy was delighted to receive the full amount of the claim as compensation and has asked ADAS to represent her in relation to future requests for access to her land. With the increase in new renewable energy projects and telecoms sites required, Poppy receives requests of this nature regularly and having ADAS represent her in discussions saves her both time and money.

Project Team

If you would like to find out more about how we can help, please contact Kathleen Wolton.

Farm Business Consultancy

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