Should I be asking ...
 

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[Closed] Should I be asking for compensation?

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We have an oil pipeline going across one of our paddocks which is bit of land next to our house that we treat effectively as an extended garden - it's mowed very regularly and we've opened up the views across it to the Welsh hills

The company that manages the pipelines want to replace a valve that is on our boundary about 75m away from the house - the bit above the surface is in a cage surrounded by a post and rail enclosure that's about 6sqm.

Replacing the valve is a big job -  they will be on site/our paddock for about 2 months and during that time they will have workers coming and going all the time, large machinery, a portacabin, 24hr lighting and security guards.

The new valve requires a bigger enclosure so we will lose a little bit of our land.

My feeling is that I should be compensated for the inconvenience and use of our land (we get paid nothing for the pipeline going across the land) - is this wrong?


 
Posted : 26/09/2018 11:08 am
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There must be some agreement in place for the pipeline and it's maintenance, they can't have just put it there without asking.  Something in your deeds somewhere?


 
Posted : 26/09/2018 11:11 am
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Seems fair enough to me!


 
Posted : 26/09/2018 11:12 am
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There is something in the deeds but it doesn't cover works.


 
Posted : 26/09/2018 11:14 am
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use of land unlikely as it would be in the deeds

as for more surface infrastructure they cant just annexe your land without your agreement surely.... why dont they move the valve down slightly and put all the enclosure outside your boundary or is it that your a softer touch than the other land owner ?


 
Posted : 26/09/2018 11:15 am
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Other side of the boundary is a road - they have no choice!


 
Posted : 26/09/2018 11:20 am
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We had this at one of my old outdoor centres.

We simply wrote to them explaining the bill for some lost land, for inconvenience and disruption. Same letter also spelled out very clearly the ongoing clean up, behaviour of contractors and reinstatement expectations.

They agreed, and paid.


 
Posted : 26/09/2018 11:49 am
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Yes. I would say you are entitled - both for disruption due to noise, loss of use and the loss of land.  I’ll ask my brother - he works in utilities with wayleaves etc and he will have a more informed opinion.


 
Posted : 26/09/2018 11:55 am
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Interesting Matt.... any idea how the sum payable was decided?

How do you decide how much inconvenience is worth?


 
Posted : 26/09/2018 11:56 am
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First thing you do is price up the bike you REALLY want to buy.


 
Posted : 26/09/2018 11:59 am
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so the question is - how much is it worth to them this valve that it cannot be replaced like for like.....


 
Posted : 26/09/2018 12:00 pm
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The pipeline will most likely be there by easement or wayleave. An easement means they pretty much have a right for it to be there and reasonable access for service and repair for ever.

A wayleave will be similar but you can give notice for them to quit.

There's is likely a route to their asset which they are entitled to gain access. However, if they want to set up site cabins and store materials, you can rent them your land for the duration.

Ask them for a copy of any agreement they have, it's perfectly possible that there's nothing in place, in which case, start negotiating.

Also, will the new enclosure be within the existing limits of any existing agreement.


 
Posted : 26/09/2018 12:05 pm
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I suspect it's quite a big deal.  I've emailed my contact asking what provisions there are for reinstatement of any damage and how we are to be compensated for the use of our land for two months.

If I don't hear back I suspect there's a bit of 'sh*t - I was hoping he'd just let us come and do it for free!'


 
Posted : 26/09/2018 12:06 pm
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How do you decide how much inconvenience is worth?

I'd say it's not really compensation. You are renting them the land for the duration of the works. Just need to work out what a reasonable rent is


 
Posted : 26/09/2018 12:10 pm
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Well I think there may be some compensation aspect as there will be people coming and going (using our driveway as it's the only access), 24hours a day lighting/generator noise,etc.


 
Posted : 26/09/2018 12:13 pm
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Of course, they’re going to resurface your driveway after they’ve destroyed it with heavy machinery right?

You’re missing the real opportunity here. Buy a job lot of sausages, bacon and teabags and set up a snack bar.


 
Posted : 26/09/2018 12:16 pm
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That's the thing.... we 'only' had the driveway surfaced 10 years ago..... it's like new'ish.  I've pointed this out to my contact also 🙂

I'm liking the snack bar idea A LOT!

I've got a BBQ... maybe that will do?

[cue the what BBQ for pipeline workers discussion]


 
Posted : 26/09/2018 12:26 pm
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If I don’t hear back I suspect there’s a bit of ‘sh*t – I was hoping he’d just let us come and do it for free!’

If it's a 2 month duration job, keeping an oil pipeline out of commission for that amount of time, whatever reasonable figure you come up with will won't make a dent in the cost.


 
Posted : 26/09/2018 12:59 pm
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They have statutory powers to access but that also covers compensation for losses.  You'll need to prove what the loss is.

Realistically there's no harm in negotiating.  They may prefer to not protract access arrangements.

There are no rights with regards to compounds so if that is on your land then you could charge rent for that.


 
Posted : 26/09/2018 3:09 pm
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If you complain too loudly about your garden someone else might complain about the unauthorised change of use 🙂


 
Posted : 26/09/2018 3:53 pm
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Two months to replace a valve?

I’m an Oil Process Operator and struggling to see how or more importantly why they would want it to take that long


 
Posted : 26/09/2018 4:02 pm
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No idea, but they did somee works on the pipe on the other side of the road a couple of years ago and that took a number of weeks also.

They have a pre-planned shutdown period during which all maintenance work on the line has to be completed.


 
Posted : 26/09/2018 6:06 pm
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Shark bait, you need to speak with a rural land agent/chartered surveyor. They specialise in valuing compensation for loss of land use and agreeing terms for putting things back as they were in cases like this.  A quick google search will pull up a local firm or an office of one of the National big firms.


 
Posted : 26/09/2018 9:21 pm
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A mate was in a similar position up here in Galloway (only a few miles away from where matt_outandabout references above), the main uk to ireland gas pipeline crossed a small corner of his land and they had to install an access road and permanent valve through one of his fields, quite an uninteresting portion of land in the grand scheme of what he owns but he received a pretty significant 5 figure sum for his troubles, certainly worth digging your heels in and perhaps seeking professional advice.


 
Posted : 26/09/2018 9:38 pm
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cue the what BBQ for pipeline workers discussion

Weber. Did you really need to ask that question?

Although I would be tempted to go for gas and not charcoal as you would be able to keep a more consistent heat for the whole day.


 
Posted : 27/09/2018 8:19 am

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