Everything you want to know
about SSE LV Easements
Below you’ll find answers to our most commonly asked questions.
➤What is a permanent easement?
➤Does signing the easement mean SSE owns part of my land?
➤Why am I being paid compensation when the equipment is already there?
➤Will the easement restrict what I can do with my property?
➤Can I still extend or develop my property?
➤Can I have the equipment removed instead?
➤Who is responsible for the equipment if I accept the offer?
➤What happens if SSE causes damage to my property?
➤Will this affect the value of my property?
➤What happens if I don't sign the easement?
➤Can I have a copy of the Deed?
➤What if I have a mortgage on the property?
➤Do I have to use the solicitor you recommend?
➤How long does it take to complete?
➤When will I receive the compensation?
➤What happens if I sell my property before the easement completes?
What is a permanent easement?
A permanent easement is a legal agreement which gives SSE formal rights to retain, access, inspect, maintain, repair and replace the existing electrical equipment at your property. The easement is registered against the property title and remains in place if the property is subsequently sold.
Does signing the easement mean SSE owns part of my land?
No. You remain the owner of the land. The easement simply grants SSE specific rights in relation to the retention of its electrical equipment.
Why am I being paid compensation when the equipment is already there?
As a licensed electricity network operator, SSE has obligations to maintain a safe and secure electricity network. As part of this, SSE seeks to secure appropriate legal rights for its existing equipment and therefore willingly enters into permanent easement agreements with landowners. The compensation is being paid in return for you granting these permanent rights.
Will the easement restrict what I can do with my property?
Yes, there are restrictions designed primarily to protect the electrical equipment and ensure appropriate health and safety clearances are maintained. These types of restrictions are relevant even where a formal easement is not in place, as works close to electrical equipment must still be carried out safely.
For the overhead equipment covered by this easement, the Deed defines an Easement Strip extending 4 metres either side of the electrical lines. Within this area, you should obtain SSE's prior written consent before erecting a new structure, planting certain trees or shrubs, or raising the ground level where this could affect the required safety clearances. SSE's consent to structures and planting cannot be unreasonably withheld.
Can I still extend or develop my property?
Yes. The easement does not prevent you from extending or developing your property. However, if your proposed development is close to the electrical equipment, you should contact SSE before commencing works. For development within the Easement Strip, SSE's prior written consent will be required and appropriate health and safety clearances must be maintained. The Deed states that SSE's consent to a new structure cannot be unreasonably withheld.
If the electrical equipment needs to be relocated to accommodate your development, this would need to be agreed separately with SSE and you may be responsible for the cost of the diversion.
Can I have the equipment removed instead?
In most circumstances, if you would simply prefer the equipment to be removed or relocated, SSE would expect you to meet the cost of doing so. Where the equipment prevents an approved development, SSE may consider the circumstances differently and we would recommend discussing this with them once planning permission has been obtained.
The easement does not prevent the equipment from being relocated in the future, although any relocation would need to be agreed with SSE and is likely to be at your cost.
Who is responsible for the equipment if I accept the offer?
SSE remains responsible for its electrical equipment. You do not become responsible for maintaining, repairing or replacing it as a result of granting the easement.
What happens if SSE causes damage to my property?
The easement contains provisions governing SSE's access to the property. Where SSE exercises its rights to inspect, maintain, repair or replace its equipment, they are required to make good any damage caused by those works.
Will this affect the value of my property?
The electrical equipment is already physically present at the property. Any impact associated with its presence therefore already exists. The easement formalises SSE's rights in relation to that existing equipment rather than introducing new apparatus.
What happens if I don't sign the easement?
If you decide not to proceed, the equipment will remain in place and SSE will rely on its existing statutory rights to retain the equipment and to access it where necessary for repair and maintenance. You would not receive the compensation offered for granting the permanent easement.
Can I have a copy of the Deed?
At this stage, you are being asked to accept the compensation offer in principle. Once the offer has been accepted, SSE will arrange for a draft Deed to be prepared and issued to the solicitors. Your solicitor will then review the Deed with you and explain its terms before you decide whether to sign it.
Accepting the compensation offer does not commit you to signing the Deed.
Why do I need a solicitor?
The easement is a permanent legal agreement which will be registered against your property title. An independent solicitor therefore acts for you, reviews the Deed and explains its legal implications before you sign.
What if I have a mortgage on the property?
This is common. Your solicitor will check the property's title and deal with any consent that may be required from your mortgage lender as part of the legal process.
Who pays the solicitors?
SSE pays a contribution towards your legal costs. The solicitors we recommend are experienced in dealing with SSE easements and work within the fee contribution provided by SSE, meaning there is no additional legal charge to you for completing the standard easement.
You are free to appoint a different solicitor if you prefer. However, if their fees exceed the contribution available from SSE, you would be responsible for paying any additional costs.
Do I have to use the solicitor you recommend?
No. You are entitled to appoint a solicitor of your own choice. However, we strongly recommend using the solicitor we suggest as they are experienced in dealing with SSE easements and are in regular contact with SSE's solicitors, which generally helps the legal process progress more efficiently.
Our recommended solicitor also works within the legal fee contribution provided by SSE, meaning there is no additional charge to you for completing the standard easement. If you appoint another solicitor, the process may take longer and, if their fees exceed SSE's contribution, you will be responsible for the additional cost.
How long does it take to complete?
Legal completion can take a number of months and timescales vary depending upon the solicitors, SSE and any title or mortgage requirements. Once you accept the offer, we will arrange for the legal process to begin and the solicitors will progress the Deed through to completion.
When will I receive the compensation?
The compensation is paid following legal completion of the Deed. Your solicitor will usually receive the completion monies and then account to you for the balance after our agreed commission has been deducted
What happens if I sell my property before the easement completes?
If you sell the property before the Deed completes, you will no longer be able to grant the permanent rights to SSE and your claim will be closed.
If you are considering selling your property, please let us know as soon as possible. We may be able to prioritise your claim with a view to completing the easement before the sale takes place.