Quick Answer: What Is A Wayleave?

Should I sign a Wayleave agreement?

Unless you have been properly advised by a specialist solicitor then no you shouldn’t.

By signing a wayleave or an easement you may well permanently lose the right to claim compensation for any present or future diminution in the value of your land as a result of the presence of the electric line..

Can you refuse a Wayleave?

If you refuse to grant permission to the utility provider, they can apply to the Government to seek a Wayleave Agreement or the compulsory purchase of the land. Whilst compulsory purchase is uncommon the process of defeating such an application can be costly and drawn out.

Can Wayleave agreements be terminated?

For existing power lines, a wayleave agreement can terminate by the passage of time, or by the landowner serving notice, or if by virtue of a change in ownership it is no longer binding. … When a wayleave is terminated, the landowner can go on to serve “notice to remove”.

How long does a Wayleave agreement last?

Wayleaves generally only give contractual rights (i.e. unlike an easement) and so aren’t treated as ‘dispositions’ of land and are personal between the contracting parties. Most can be terminated by giving notice – normally quite a long notice period of around six – 12 months – but can last for many years.

Can bt run cable over my garden?

According to the Openreach FAQ http://www.openreach.co.uk/orpg/home/contactus/wayleaves/wayleavesfaqs/wayleavesfaqs.do (see item 10) they may be allowed to run cables above your property without a wayleave. … You would need to take it up with Openreach (not the retail side of BT).

How do you get a Wayleave agreement?

Wayleave agreements must be disclosed to the Land Registry on application for a change of registration and copies can be obtained, if there are any, by obtaining a Conveyancing Deeds Search.

Who is responsible for the wire from pole to house?

If a meter is mounted on a pole, the consumer is responsible for the weatherhead, the meter base, the disconnect panel and any wire between the three. If the pole serves only the consumer’s property, then it along with any guy wires and anchors is the consumer’s responsibility, as well.

Are Wayleaves transferable?

Given that a wayleave is usually a temporary agreement with the land owner, it does not automatically transfer to the new incumbent should a property or piece of land be sold. Utility companies do have certain powers to prevent wayleaves from being terminated in certain cases.

Who owns the telegraph pole in my garden?

A The first thing to establish is who owns the pole. Most are owned by Openreach (formerly BT Openreach), although a few are owned by other companies. The pole should carry the owner’s mark to identify it.

Who are sherwill Drake Forbes?

Sherwill Drake Forbes is an independent firm of Chartered Surveyors providing specialist advice in the Land, Planning, Utilities and Infrastructure sectors. … We understand the commercial drivers and operating restrictions of utility companies and other acquiring authorities.

What is a Wayleave agreement?

What’s a wayleave agreement? A written legal agreement between us and the land or property owner. It gives us permission to install, maintain or repair the network equipment that’s on their property.

How does a Wayleave work?

A Wayleave Agreement is a formal agreement made between the land owner and the energy company to allow them to use the land to run cables, or to place equipment or even pylons. In return for granting the right to use this land, the energy company will usually pay a fee, similar to a tenant paying rent to a landlord.

How much do you get paid for a Wayleave?

The payments can range wildly from 1% of your property value to 4%, certainly something worth pursuing. This is why we mentioned earlier using a wayleave agreement surveyor to claim for you. They’re skilled in the field, and ultimately are far more likely to negotiate a larger payment.

How can I get electricity to my land?

For example, getting electricity to the site might involve paying the utility company to install a transfomer, an excavator to dig a trench and run underground conduit, an electrician to pull cable through the conduit from the transformer to the house and install the “socket” and service panel, and then the utility …

Who are Langford Marsh?

Langford Marsh assists thousands of homeowners across the UK in obtaining a payment, known as a wayleave, for the electrical equipment that crosses their property. Our service is free of any charge and we solely represent your interests, meaning you keep 100% of the monies we negotiate on your behalf.