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Compulsory Purchase and Compensation Claims

In the present day, from time to time, many landowners will be subject to some form of works on their land, be it a new road or a repair to a power line.

Authorities and utility companies will inevitably need access to land to provide and maintain their services and this is most commonly achieved by negotiation, but on occasion they will exercise compulsory purchase powers.  Such works can relate to:

  • New or improved highways or transport links
  • Necessary urban development
  • Flood defence and water resource management
  • Utilities including water mains and sewers, gas and electricity supplies and telecommunication cabling
  • Telecoms masts (with the prospects of further powers being granted to operators)

In every instance, whether works are by agreement or compulsion, a landowner is entitled to the reinstatement of their property and full compensation. They should be no better off but no worse off.  This compensation can extend to:

  • the loss of or damage to land
  • the cost of reinstatement including field drains
  • disturbance caused during the works
  • a contribution towards the landowners’ time
  • the loss in value of the retained land, and
  • the loss in value of any land severed from the main property

To receive compensation a landowner must value their loss, submit a claim and negotiate with the authority to reach a settlement.  Whilst some claimants chose to do this themselves it can take specialist knowledge to value every aspect of a claim and many prefer the peace of mind achieved with professional advice in addition to the time it saves.  To ensure any claimant has the right to professional advice, the Land Compensation Act allows for recovery of professional fees as part of a compensation claim.

As professional fees can be included in the compensation claim we recommend landowners seek professional advice as early as possible. This ensures they are professionally represented and reduces the burden of managing any project on their own.

If you have been approached by an authority or utilities company with regards to undertaking work on your land we would recommend that you contact Christopher Thyer at GSC Grays at the earliest opportunity. Christopher will provide an assessment of the proposals, the impact it will have, any opportunities to contest or alter the scheme and begin assessing the compensation due.

Christopher Thyer is a member of the Compulsory Purchase Association, the Central Association of Agricultural Valuers, and the Royal Institution of Chartered Surveyors.

[team-member name=”Chris Thyer”]

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