Enabling utilities and communication services to businesses and the general public usually requires agreement with landowners for the grant of rights for the installation of service media such as solar panels, masts, pylons, cables, pipes and substations.
The service providers often have the benefit of legislation to support their undertaking which can cause serious problems for landowners when trying to maximise income from their sites, and impact upon the value of their assets.
The law in this area is complex and the commercial property team at Harrison Drury has substantial experience of advising landowners and landlords on the form of agreements required by service providers, the practical implications of entering into such an agreement, and the effect of the statutory powers and protections which are typically not documented in the agreements.
Although landowners cannot avoid the service provider’s statutory powers, we ensure that the terms and agreement are properly negotiated and well drafted so as to provide sufficient protection, and a deal that best mitigates risk for the client.
Our team can help you with:
- Negotiating heads of terms for new sites and renewals
- Negotiating the terms of the agreements, including the following: s38s (highways), s278s (highways), s106s (planning), s104s (sewers) etc.
- Advise on the undertaker’s statutory rights
- Dealing with applications to assign or share the benefit of the undertaker’s interest and to make equipment upgrades
- Reserving and initiating rights to move the equipment and service media, often known as ‘lift and shift’ provisions
- Land and Property dispute aspects such as;
- Terminating agreements and securing vacant possession
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- Enforcing the service provider’s obligations under the agreement
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- Compensation for damage and loss suffered by the landowners
To speak to our commercial property specialists please call us on 01772 258321 or make an enquiry below to see how we can assist you and your business.
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