If not handled properly, compensation claims against utilities companies can result in lengthy battles and disruption to your farming enterprise.

Utilities companies require evidence - final settlement figures are not the problem if they can be evidenced. The landowner cannot be in a better position at the conclusion of the works than at the start and they must prove they have mitigated their losses. So, what do you do?

Prior to any works starting, draw up a schedule, for instance:  

• Dates of entry,
• Access routes,
• Duration of the works

Hold a site meeting to ensure that you fully understand the scheme and that the utility company understands your enterprise and its operations.

A photographic record of condition must then be taken and mutually agreed to be a fair representation of the land. A record during the works is also advisable but importantly, a diary is required detailing:

• Your own time spent
• Any inconvenience experienced
• Any losses to your enterprise

Relying upon your memory will not suffice.

Mitigating your losses means that when a third party enters your land, you must continue as far as is possible in a ‘no scheme world,’ meaning continue as if they weren’t there.

For example, a 10-acre field has a pylon in the corner which needs replacing. You cannot simply write the entire field off for grazing because of those works and assume that you will be paid out - you won’t. Mitigating your losses could involve fencing off 2 acres around the work site and continuing to graze 8 acres. You can claim for the loss of 2 acres of grazing, plus reinstatement.

On completion of the works, a final record of condition must be compiled and used to compare against the pre- entry record. This is essential as any compensation claim cannot be fully justified without one.

Set your claim out under clear and concise headings. Reference supporting documents such as the diary, receipts, contractor charges etc. Robust and evidenced claims are difficult to argue against, so be prepared and organised.

Contact Robert Jones 01244 409671 rob.jones@fishergerman.co.uk