Utility providers and statutory undertakers are increasingly seeking rights to access private land for infrastructure installation, maintenance, and repair. They must follow certain rules and procedures within their governing acts, compelling them to make good and put the affected party into the position of a ‘no scheme world’, paying compensation where necessary.
Rose Vale Rural act on behalf of landowners and any occupiers in all types of negotiations relating to a wide variety of schemes. In nearly all cases, our professional fees are covered by the acquiring authority in order to not add any further burden on the affected party. It is therefore essential that landowners and occupiers take appropriate professional advice to seek fair compensation.
Answers to your real estate questions and concerns.
Compulsory purchase is a legal mechanism whereby ‘Acquiring Authorities’ can acquire land or rights over or under land using powers granted to them which are designed to support the delivery of a range of projects that are in the pubic interest. For example, this can include utility services such as gas, water, electricity and more as well as more major infrastructure projects like new roads, rail upgrades or even new housing and energy infrastructure.
Typically, Acquiring Authorities are duty bound to put any directly affected landowner into a position of a ‘no scheme world’. Therefore compensation is paid for a range matters, most notably the acquisition of the land or rights over land as well as severance of other land or rights, general disturbance and inconvenience, for example temporary relocation of a business, as well as reasonable professional fees incurred in dealing with the scheme.
Landowners should be left in a position no worse than if the scheme did not happen, so where a loss of asset or right cannot be mitigated, landowner’s losses must be compensated for. Therefore it is strongly recommended that affected parties seek expert advice and representation from the outset. All professional fees reasonably incurred in representing the affected landowner should be paid for by the Acquiring Authority, although such terms need to be agreed up front.