William Tracey Ltd v SP Transmission plc

Electricity transmission – Wayleaves – Temporary continuation of wayleaves. Court of Session: Dismissing an action in which the pursuer sought damages for encroachment by reason of the presence of the defender's equipment on a site between 27 September 1997, when the pursuer entered into possession of the site, and 13 August 2014, when the Scottish Ministers granted a necessary wayleave in the defender's favour, the court held that when effect was given to what it considered to be the proper construction of para 8 of Sch 4 to the Electricity Act 1989, the pursuer's claim, relying as it did on the proposition that on a pre-existing wayleave ceasing to be binding on a change of ownership the presence of an electric line on land became an encroachment and as such actionable in damages, was irrelevant.

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