When someone else needs to access your land it is often a challenging issue and can result in a wide range of disputes.
A third party that might need access could include neighbours and utility companies:
- Water
- Gas
- Highways
- Telecommunication
The complexity of the process is always difficult to get your head around as different parties have different rights and can be hard to know where to start.
So we have come up with 5 Top Tips:
- Seek Advice First
Due to the complex process it is always worth seeking advice from your agent first. In majority of cases your agents’ fees will be included within your compensation claim so you will not incur any fee costs.
- Early Negotiations
Early negotiations are important; they allow you to fully understand the extent of the scheme and allow you to ask questions. It may also give you a chance to slightly alter the scheme to your benefit. For example if the scheme requires the developer to include a new wildlife habitat, you may be able to influence the siting, mitigating the effect of the scheme on your land.
- Communication
Even the smallest of schemes have a range of people and stages within them. Therefore it is always important to have clear communication throughout the project to ensure that it runs smoothly. Having an agent as a main point of contact will help to establish good communication channel and help to keep every party in the picture.
- Keeping a record
It is vital to have records including photographs of the land before, during and after the project; this will support the compensation claim. It is also important to keep a diary of the time you have spent on the phone, in meetings etc. as a result of the scheme; all these can then be included in your final claim.
- What can you claim for?
The law states that after the project is completed the claimant shall be left ‘no better or no worse off’. This means that the land should be fully reinstated to exactly how it was before the scheme began.
For example:
- Disturbance:
Expense of moving livestock
Claimant time in meetings/phone calls
- Land Taken
The current market value of the land acquired by the company.
Third parties taking access or acquiring land is a complex area and is rarely a happy experience. The effect on the farm can be devastating but seeking professional support early can result in fair financial compensation as well as mitigating the effect on the daily running of the farm business.
If you are interested in discussing the above feature, please contact Alyssia Thomas on 01684 8534000