ABSTRACT

This chapter discusses on remedies available to a landowner or occupier and therefore what risks would be taken by a licence-holder if an electric line were to be laid or installed on land without the owner's or occupier's consent. The issue may also arise if ancillary rights are exercised without the landowner or occupier's consent. The chapter presents the works associated with the laying of the electricity line or the eventual direction of the line have by mistake or for any other reason strayed outside the boundaries of the land over which the necessary wayleave has been granted. The author's suggestion is that if there is a truly temporary and intermittent use of land without consent, then mesne profits calculated on a daily basis are appropriate. If the wrongful use is permanent or intermittent but frequent then a wayleave payment is the better solution together with any compensation for the diminution in the capital value of the land wrongfully taken.