I have recently received correspondence that my land is the preferred route for a 38KV power line. It runs right through the centre of my farm and I want it stopped or at least have the route altered. They also issued a survey notice to say that they are coming to survey the land and I am concerned that they will be bringing in heavy equipment, carrying heavy poles and digging up the land. What are my rights?

Answer The Electricity Supply Board (ESB) has powers to place any electric line above or below ground, and across any land under section 53 of the Electricity (Supply) Act, 1927. Before placing an electric line across any land, the ESB must serve written notice to the owner and occupier of the land stating its intention to place the line and give a description of the nature of the line or fixture, the position and how it is to be placed.

The right is acquired immediately on service of the notice and can be exercised seven days later. The automatic effect of the S.53 procedure was emphasised in a sequence of cases in which the ESB (and more recently Eirgrid) sought interlocutory injunctions where entry onto land was denied. There is no express provision of any right to be heard by the landowner or occupier in advance of the ESB making the decision to acquire the statutory easement.

Code of Practice

The ESB’s Code of Practice in relation to access to land and/or premises (on the ESB’s website) provides that, before any construction work commences, a representative from the ESB will discuss the entry routes for construction and as far as possible give the landowner the proposed programme of work and the date of commencement of work.

The Code of Practice also makes provision for practical aspects of the installation and maintenance of the apparatus. This includes ensuring that restrictions on the use of the land during construction are minimised, that there is due care to minimise land damage by crews and equipment, and that there are precautions to prevent straying of livestock and to prevent the spread of animal disease etc.

This supersedes the Code of Practice negotiated between the ESB and the IFA in 1985 and the ESB now adopts the position that this code is not enforceable as seen in the 2014 case of Rossmore Properties v ESB, though the code is still present.

The Code of Practice also provides that all lines and cables crossing land which is not a public highway/railway/tramway should be wayleaved. The wayleave is a written agreement between the landowner and the ESB which permits the ESB to install or retain their apparatus on the land. The wayleave will also include a right for the ESB to access your land going forward to maintain the apparatus as necessary. The wayleave agreement would normally be registered as a burden against your title (folio). This puts people including banks and prospective purchasers of the land on notice of the existence of the wayleave.

Compensation

As regards compensation which may be due, the Electricity (Supply) (Amendment) Act, 1985 provides for the entitlement of landowners to be paid compensation in respect of the exercise by the ESB of its powers.

The IFA announced on 10 April 2025 that it had negotiated two new agreements with ESB and EirGrid covering compensation and goodwill payments to landowners. The rationale for the existence of such agreements is to grant landowners an option other than the arbitration route which can be time consuming, costly and uncertain.

Landowners have two options available to them under the package. Option 1 is where the landowner accepts the Cable Package (which includes the possibility of further compensation in the future under a loss of development clause) in satisfaction of their statutory entitlement to compensation. Alternatively under option 2, the landowner submits a claim to the ESB for consideration, with the option of arbitration in default of agreement.

The IFA announced on 10 April 2025 that it had negotiated two new agreements with ESB and EirGrid covering compensation and goodwill payments to landowners

On 5 June 2025, a Supreme Court decision was delivered which states compensation can be awarded for depreciation of the value of lands due to having electricity power lines installed across them.

The ESB argued that a property arbitrator was not entitled to include compensation for land depreciation under the heading of ‘injurious affection’. However, the Supreme Court rejected their argument.

Interestingly the agreements between IFA and the ESB and EirGrid which predated the Supreme Court decision, includes a loss of development clause which provides for compensation should the existence of the infrastructure impact on the future development potential of the property subject to certain criteria.

In conclusion, the ESB does have the right to install power lines on your land but you do have compensation rights which are worth exploring.

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Aisling Meehan, agricultural solicitors and tax consultants.

Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan Agricultural Solicitors and Tax Consultants does not accept responsibility for errors or omissions howsoever arising.