Farmers lose millions in unclaimed wayleaves

By Mike Stones

UK FARMERS are forfeiting millions of pounds in unclaimed wayleave payments, claims Herefordshire farmer David Hall.

Mr Hall, who last year pocketed a cheque for nearly £18,000 after renegotiating wayleave payments on his 60ha (150 acre) farm, is now offering to win similar benefits for farmers throughout the UK.

“I was astounded that such large sums of money are being neglected. Extra cash could make all the difference between survival and bankruptcy,” he says.

His windfall began with an accident. After sub-soiling ripped up British Telecom cables on his Upper Horton Farm, Bromyard, Mr Hall received a letter from the company claiming damages.

His request for information about the location of cables on his land was greeted by silence. Only then did it emerge that British Telecom was paying him only one-third of his annual entitlement.

“My payments had not been increased to reflect new cable installations,” he explains.

On just four fields, the increase in payments, backdated for six years, totalled £1786/year. Mr Hall opted to receive a one-off payment of 15 times the annual wayleave; a sum of £17,800.

Its not just telecom cables that are failing to attract full payments, he says. Electric, gas and water pipelines could all be underpaying too.

After securing a one-off wayleave payment of £800 on 1.2ha (3 acres) for a neighbour, Mr Hall realised that he may have stumbled on a novel form of diversification.

His Upper Horton Farm Company now offers to verify which utility companies have cables or pipes crossing property, to check correct payments are being made and, if not, to negotiate for the best possible contract.

“We make no charge unless we succeed in increasing revenue. Then, we charge a fee of 15% of any increase obtained, plus VAT,” says Mr Hall.

He is quick to acknowledge farmers could contact utility services directly, but claims his investigative technique and the time-saving involved offer value for money.

Once notified about any shortfall in payments, utilities are more than happy to pay, says Mr Hall. “But no one will make an effort to tell you that they owe you money.”

David Hall can be contacted by phone or fax on 01885 488049.

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