Wayleave

[Rillington]

I think many of us who have cable will be familiar with the term "Wayleave" but I have always wondered what the word actually means and why this word is used to describe the process of gaining permission to cable up a property.

[MovedGoalPosts]

It's a right to cross somebody's land, usually granted by the owner of that land for something to serve his property. Contrast slightly with an easement which is allowing something to cross land belonging to a third party, where the third party isn't going to benefit from that something crossing.

If a supplier of a service is to lay a pipe, cable, or whatever across land, they need certain rights - dig up the land, access to maintain, removal, etc. The wayleave is the consent for that.

[Rillington]

Ah right. had always wondered as I thought it was just a cable term.

Thank you for that information Rob

[Davies 12]

This is not technically correct. When you have a supply to your own property, you do not necessarily need an agreement with the utility company. However, if cables (for example electricity lines, pylons, telephone lines, etc), are crossing your property in order to serve someone else's then you are likely to have either a wayleave agreement or an easement. A wayleave agreement is between the utility company and the owner of the property. It is usually terminable and will automatically terminate when ownership changes. On termination, the utility company technically have to remove their equipment or agree another wayleave with the owner. If the owner terminates an existing agreement or refuses to grant a new wayleave then the utility company are likely to have statutory powers which may allow them to enforce their rights to be there. The alternative to a wayleave is an easement. This is affixed to the property and deeds and usually gives a permanent right to the utility company. It is not usually possible for it to be terminated. The whole subject is quite involved.

Admin edit (Chris): Please don't post commercial links without permission.

[stableowner]

I wonder if anyone could advise, I have two adjacent properties one residential , one commercial.
Before I married the ex had given verbal permission for a neighbour to dig a tranch to run electric and water to his fields, next to the commercial and. After a divorce settlement and the property became mine solely, I wanted to know exaclty where the cables were laid because of refurbishment. The neigbour did not supply a map as requested but instead sent me a UN1 via the land registry to register the cables on my deeds. The evidence given was a handwritten note by my ex, dated during the time that the land was joint and severall, but not signed by me. I appealled the land registry decision to grant the easement but lost. My question therefore is it correct that a easement can be granted after the land has been sold and searches did not show up any such easments prior to the land being transferred.