BTS advises on Electricity Wayleaves, Easements and other water, gas, telecommunication wayleave, licence and lease rights constraining development, land and property

WHAT IS A WAYLEAVE?

An electricity wayleave is the legal right commonly agreed over land ownership for overhead electricity lines and cable apparatus. Over 95% of all overhead lines across the UK are held on wayleaves which can be terminated. We fully understand these rights and can therefore negotiate compensation for the retention of an overhead line or alternatively agree a suitable underground or overhead diversion at a reduced cost.

WHAT IS AN EASEMENT?

An easement is registered on land title and expressly sets out the terms and restrictions in relation to what a landowner can and can't do over, under or around the apparatus which has been installed on the land. The grantee (i.e. the electricity company) usually benefits from being able to access, maintain, repair and inspect their apparatus under the terms of this agreement. These rights are usually more permanent.

In the majority of easements there is a clause which reserves rights for the landowner to 'lift and shift' the apparatus or alternatively seek compensation. This is usually in circumstances whereby planning permission has been granted on a site for development. The landowner is then entitled to use the specific clause set out in the easement.

HOW CAN I GET HERITAGE LOTTERY FUNDING?

This is a 2 stage process involving a detailed application along with supporting planning, funding and the necessary structural, environmental and appraisal reports. Please refer to www.restorationlady.com for further information.

WHAT IS COMPULSORY PURCHASE?

Compulsory Purchase are the powers usually vested in local authorities and statutory undertakers such as Network Rail and National Grid so that they can construct, maintain and repair infrastructure to support the wider benefit of the UK. As these powers are established in statutory law, it is important that you seek professional advice (limited fees are usually covered by the statutory undertaker) at the earliest possible stage to ensure that you are compensated accordingly.

Electricity Wayleave, Wayleaves, Easements