ESB seek Easment for cable laid underground across our property never registered.

Looking for some advice regarding an ESB easement.

We purchased our home just over 4 years - in an estate that is about 8 years old.

I received a phone call from ESB last week to inform us that there is an ESB feeder cable laid underground across our property which had never been registered.

We were not made aware of the existence of this cable when we were buying the house.

The ESB has now send us paperwork requesting the acquisition of an underground wayleave - the main problem from our persepctive being that the language states that we would be prohibited from development over or under this cable route i.e. our planned extension would not be feasible.

Does it make sense to try and fight this - or would it ultimately not be worth it - what are our rights ?

This impacts on the value of your property - how much have they offered you to purchase the wayleave and do you consider it a fair price considering the inconveniences and restrictions?

I wouldn't be inclined to aggressively fight it but I would consult my solicitor or a solicitor well versed in matters of way leaves/easements.

I know that the law is about to change next year and in order to regularise unregistered way leaves a trip to the high court will be necessary.

I'm a bit of an expert on this kind of thing as have been through the Courts with the ESB. Bottom line, you are in some way lucky. They have forwaeded paperwork to you. The ESB have rights, so many rights, that they can put an ESB on your naval and there is damn all you can do about it. There is a law concerning their rights and my boxrs are in storage concerning these matters. If you are unable to obtain these laws through your solicitor I will have the boxes drawn down from storage and quote you chapter and verse in this regard.

As a general rule with ESB, do not sign over absolute rights to them i.e. permanent rights to wayleave or, in the case of substations, giving them the parcel of land.

In the first instance, ESB usually sends out complete paperwork seeking permanent aquisition. You should get you solicitor to mark up this paperwork as a license/lease type arrangement rather than a permanent one. You have to bear in mind that the ESB may move their installations at some future date or technology/alternative routes may make them redundant. It may be decades in the future, but you're better off not having this problem. ESB legal department will usually accept license/lease agreements if the owner insists.

Mercman - this brings up an old post about ESB wayleaves.

Here is the query - In 2002 ESB laid cabling across my field (urban) with my permission.

A Right of Way was never agreed as the terms offered by the ESB were derisory.

The ESB have now 'gone to ground' and are not answering calls or mails. I would like to have the Wayleave signed and registered and also to have adequate compensation for the underground cabling. How would you suggest this could be advanced?