Wind

Purchase of a small parcel of land with a wind turbine in situ

Birketts was instructed to assist a client in purchasing a small parcel of land with a wind turbine in situ. The turbine had ceased to be operational, and the seller did not have the funds or knowhow to repair it. The client, who has a portfolio of wind turbines primarily in Scotland, was looking to add to this. Being a property purchase, we had to undertake full due diligence and attend to all post-completion requirements. The location of the land on which the turbine is situated was in the middle of a field that the seller had already disposed of, which had not yet been registered. We had to ensure that sufficient rights were reserved, as the seller was no longer the party able to grant them. The client initially wanted a conditional contract, with completion linked to the remediation of the defective turbine. However, we proceeded with the consideration paid in four instalments: the first on completion (which was after early access), the next on practical completion or a longstop date, and the third and fourth six and twelve months from that date. The seller was also entitled to 50% of any income above a certain threshold in the 12 months following completion, and 25% of any income over the same threshold during the following 12-month period. Running alongside the land and equipment purchase, the client entered into a profit share agreement with the party that would carry out the repairs to the turbine. This agreement also provided for ongoing servicing and took into account the cost of acquiring the site by our client and the cost of any additional equipment.

 
We are representing clients in the negotiation of an option agreement and easement relating to cables crossing Norfolk from a major windfarm project.

Birketts is representing clients in the negotiation of an option agreement and easement relating to cables crossing Norfolk from a major windfarm project. These specific clients are involved in a landscape-scale environmental project. In addition to the work involved in negotiating the form of the option agreements, easements, compound leases, and consents, we are providing advice on how the windfarm cable route documentation might interact with the clients’ environmental projects, including the provision of Biodiversity Net Gain for sale on the market.
We are liaising with the clients, their land agents, and specialist valuers in relation to the negotiation between the windfarm companies and the clients, taking into account the specialist land use. We have reviewed complex titles, prepared epitomes for unregistered land, and dealt with substantial due diligence enquiries in relation to land affected by the windfarm cable route.

We are continuing to represent a range of landowner clients in the negotiation of an option agreement and easement relating to cables crossing Norfolk from a major windfarm project.

We are also representing several tenants (including FBT and AHA tenants, life tenants, and licensees) who occupy land affected by the cable routes and are required to enter into option agreements for occupier consent deeds. Due to the large proportion of affected landowners and occupiers we represent, we have been provided early access to draft documents and have negotiated precedents based on instructions from a panel of land agents representing various clients. In addition to the extensive work involved in negotiating the initial form of the option agreements, easements, compound leases, and consents, we have provided general legal advice to the panel of land agents on the heads of terms for the project and various planning matters. We have also advised landowners and occupiers required to enter into additional documentation due to their landholding being used for compounds or additional strategic purposes (such as wildlife relocation). We have reviewed numerous titles, prepared epitomes for unregistered land, and drafted declarations relating to lost deeds.