After falling out with my solicitors, I have received a big fat folder
of old documents that I was not even aware they were holding.

They are very interesting as they go back over 30 years and I have
found about 6 instances that say that various agreements have been
made with me involving payments which, as far as I know, I have never
received and for the most part seem to be owed by people and
Companies, of whom I have never heard.

It may be that I was told about these by a previous member of their
staff with whom I had a very good working relationship, but I am
wondering if it might be possible to resurrect these and suggest that,
a. I might be paid all the back payments and, b. they might be raised
to a sensible level to reflect inflation. There do not seem to be any
cut off dates mentioned and the relate to access, electric cables,
water pipes, etc. on some land I own.

Any advice, please?

Thanks George

"George"  wrote in message 
news:f6467635-04fe-4aff-97ae-72c898cf3cac@f36g2000hsa.googlegroups.com...
> After falling out with my solicitors, I have received a big fat folder
> of old documents that I was not even aware they were holding.
>
> They are very interesting as they go back over 30 years and I have
> found about 6 instances that say that various agreements have been
> made with me involving payments which, as far as I know, I have never
> received and for the most part seem to be owed by people and
> Companies, of whom I have never heard.
>
> It may be that I was told about these by a previous member of their
> staff with whom I had a very good working relationship, but I am
> wondering if it might be possible to resurrect these and suggest that,
> a. I might be paid all the back payments and,

You can go back 6 years, maybe 12 at a pinch.

> b. they might be raised to a sensible level to reflect inflation.

No.

> There do not seem to be any
> cut off dates mentioned and the relate to access, electric cables,
> water pipes, etc. on some land I own.
>
> Any advice, please?
>
> Thanks George

Look up the fishing and mineral rights while you are at it...

On Mon, 1 Sep 2008 04:07:41 -0700 (PDT), George wrote:

> After falling out with my solicitors, I have received a big fat folder
> of old documents that I was not even aware they were holding.
> 
> They are very interesting as they go back over 30 years and I have
> found about 6 instances that say that various agreements have been
> made with me involving payments which, as far as I know, I have never
> received and for the most part seem to be owed by people and
> Companies, of whom I have never heard.
> 
> It may be that I was told about these by a previous member of their
> staff with whom I had a very good working relationship, but I am
> wondering if it might be possible to resurrect these 

Perfectly reasonable - you should contact the wayleaves department of the
appropriate companies. Just ask them to confirm what wayleaves are extant
for the land in question.

> and suggest that,
> a. I might be paid all the back payments 

Not wise as an opening gambit. 

There may not be any back payments owing. It was common practice - it
probably still is - for the various companies to agree a single commuted
payment equivalent to 20years rental in full settlement of the otherwise
continuing payments, IYSWIM. That might account for why you have no
(recent) record of any payments. As part of enquiring about what W/Ls are
outstanding, they should confirm if commuted payments have been made.

They should be able to confirm who payments have been made to. 

> and, b. they might be raised
> to a sensible level to reflect inflation. 

Wayleave payments are agreed nationally with the Country Landowner's
Association, and I think the NFU. If you start trying to negotiate your
own, you could come badly unstuck - see below.

> There do not seem to be any
> cut off dates mentioned and the relate to access, electric cables,
> water pipes, etc. on some land I own.

Most wayleaves can be terminated ('determined', I seem to remember is the
expression) on giving 12 months notice, some may be 6 months. 

But.......

Most companies now have recourse to compulsory wayleaves and they will
almost certainly get them granted.

The other thing to look for is whether or not any of these agreements are
actually permanent easements. These are legally binding agreements and give
the companies a right in perpetuity to be where they are - they actually
'own' the right to be there. 

Permanent easements are usually negotiated when land changes hands and when
the company does some work at that time. They don't normally get used
anything like as much as wayleaves. Typically they would be negotiated when
an electricity substation is established as part of a new development. If
the substation is set back from the back of the footpath, the access to the
s/s would be subject to an easement. They might also be used where several
cables go through one or more private gardens.    

-- 
Si Hoc Legere Scis Nimium Eruditionis Habes 

the dot wanderer at tesco dot net

On 1 Sep, 16:58, The Wanderer  wrote:
> On Mon, 1 Sep 2008 04:07:41 -0700 (PDT), George wrote:
> > After falling out with my solicitors, I have received a big fat folder
> > of old documents that I was not even aware they were holding.
>
> > They are very interesting as they go back over 30 years and I have
> > found about 6 instances that say that various agreements have been
> > made with me involving payments which, as far as I know, I have never
> > received and for the most part seem to be owed by people and
> > Companies, of whom I have never heard.
>
> > It may be that I was told about these by a previous member of their
> > staff with whom I had a very good working relationship, but I am
> > wondering if it might be possible to resurrect these
>
> Perfectly reasonable - you should contact the wayleaves department of the
> appropriate companies. Just ask them to confirm what wayleaves are extant
> for the land in question.
>
> > and suggest that,
> > a. I might be paid all the back payments
>
> Not wise as an opening gambit.
>
> There may not be any back payments owing. It was common practice - it
> probably still is - for the various companies to agree a single commuted
> payment equivalent to 20years rental in full settlement of the otherwise
> continuing payments, IYSWIM. That might account for why you have no
> (recent) record of any payments. As part of enquiring about what W/Ls are
> outstanding, they should confirm if commuted payments have been made.
>
> They should be able to confirm who payments have been made to.
>
> > and, b. they might be raised
> > to a sensible level to reflect inflation.
>
> Wayleave payments are agreed nationally with the Country Landowner's
> Association, and I think the NFU. If you start trying to negotiate your
> own, you could come badly unstuck - see below.
>
> > There do not seem to be any
> > cut off dates mentioned and the relate to access, electric cables,
> > water pipes, etc. on some land I own.
>
> Most wayleaves can be terminated ('determined', I seem to remember is the
> expression) on giving 12 months notice, some may be 6 months.
>
> But.......
>
> Most companies now have recourse to compulsory wayleaves and they will
> almost certainly get them granted.
>
> The other thing to look for is whether or not any of these agreements are
> actually permanent easements. These are legally binding agreements and give
> the companies a right in perpetuity to be where they are - they actually
> 'own' the right to be there.
>
> Permanent easements are usually negotiated when land changes hands and when
> the company does some work at that time. They don't normally get used
> anything like as much as wayleaves. Typically they would be negotiated when
> an electricity substation is established as part of a new development. If
> the substation is set back from the back of the footpath, the access to the
> s/s would be subject to an easement. They might also be used where several
> cables go through one or more private gardens.    
>
> --
> Si Hoc Legere Scis Nimium Eruditionis Habes
>
> the dot wanderer at tesco dot net

Thank you for those remarks. I am a member of the CLA so it might be
best to start there.

I can at least get started, trying to trace the potential payees!
George.