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Compulsory Purchase – The Importance of Seeking Early Advice

Authorities are obliged to reinstate all damage they cause to private land. In addition they must pay compensation for occasions when the land can’t be put right, to include the disturbance to the landowner and the landowner’s professional fees. Some authorities are pro-active in supplying guides on the Landowner’s rights but this cannot be assured.

The Authorities publicise that in some circumstances the landowner may decide it is appropriate to appoint an agent, in which case the fees can form part of the compensation claim. In our experience landowners can benefit from professional support in almost every instance of works on their land.

We actively encourage landowners to contact us in the first instance as we can evaluate the case and determine if our support will be beneficial.

Why do you need a land agent?

GSC Grays have the knowledge and experience to handle a wide variety of cases. While some landowners may feel confident in their ability to value their loss, there are many pitfalls which could hinder a claim or opportunities to reduce disturbance which may be missed. Some examples of important considerations before works begin can include:

  •  Preparing a schedule of condition
  • Influencing the location of the scheme to minimise disturbance
  • Agreeing accommodation works such as new gates and fences
  • Agreeing the quality of the reinstatement works
  • Signing a compound licence for equipment and vehicles
  • Ensuring any retained land remains accessible
  • Agreeing Heads of Terms for Wayleaves or Easements

All of these considerations can significantly reduce the disturbance from the scheme while also protecting the landowner’s interests. On occasion we receive requests to assess a landowner’s loss after works have taken place. Without early discussions these circumstances are more likely to lead to contentious negotiations which can be detrimental to the final settlement.

Given that the fees can form part of the compensation claim we see no reason for landowners not to seek professional advice as soon as possible.

If you receive an approach from a utilities company or authority seeking access to your land, we would highly recommend that you keep a diary of all dates. goings on and time spent to assist your claim and should you require professional assistance, please do not hesitate to contact:

[team-member name=”Chris Thyer”]

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