What Does A Wayleave Officer Do? (Question)

The Trainee Wayleave Officer/Wayleave Officer will be responsible for negotiating and resolving wayleave, easement and lease issues relating to work within the Connections Business. The post holder will be expected to operate as part of a team and be able to prioritise and manage work to meet demanding deadlines.

How does a Wayleave work?

A wayleave is a contractual agreement between a landowner or landlord and a telecommunications provider, where the landowner grants the network provider a licence with the right to access land and/or property, to install and/or maintain electronic communications apparatus.

What is a Wayleave?

A wayleave is an agreement between a land owner or occupier and a third party, permitting that third party to do something for example to access the land to carry out works in return for compensation.

How much do you get 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.

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Who pays for a wayleave agreement?

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 long does a Wayleave 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.

Do Wayleaves expire?

The length of the agreement will depend on the negotiations. The licence may expire at the end of the tenancy or it may be renewable subject to an additional one-off fee.

Can you build on a Wayleave?

Activities such as construction and excavations will be prohibited within the wayleave.

How much do Openreach pay for Wayleave?

For example, Openreach now makes a one-off payment for a telegraph pole of £157.50 (up from £150), with the annual wayleave payment rising to £10.50.

Can you build over a Wayleave?

Can I build over it? AThe first thing you need to establish is if it is a public or private sewer line. The local authority will not allow you to build within a distance of 3m (10ft) of a public sewer. They require a way leave over this area to ensure access to maintain or replace the sewer line at a later date.

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Are Wayleaves taxable?

Payments for wayleaves Rent received in respect of a wayleave is taxed as property income by Chapter 3 of Part3 of ITTOIA05 (property businesses) unless it falls within: Chapter 9 (rent receivable for UK electric-line wayleaves), see PIM1118.

Can my Neighbour pass a power cable over my land?

A It is a principle of property law that, subject to exceptions, the owner of land also owns the air space above it. Therefore a third party is not entitled to install a wire or cable over someone else’s land without first having the owner’s permission; there are, however, exceptions to this.

Does a Wayleave run with the land?

In summary, a wayleave is granted to the person who owns the land and is terminable; an easement relates to the land itself and is permanent.

Can a utility company come on my property UK?

Do utility companies have right of access? Electricity power lines, water, sewer and gas pipes all form “utility apparatus” and as such, companies have statutory powers to enter private land under legislation such as the Electricity Act 1989, Water Industry Act 1991 and the Gas Act 1986.

Are Wayleaves registrable?

An easement is also registrable as a legal interest at the Land Registry, whereas a wayleave is not, although since 2002 they must now be disclosed on an application to register the property, which means that they will be noted on the register as an overriding interest.

Is a Wayleave a lease?

The wayleave in question is for a telecommunications tower constructed on a piece of land under an agreement for a 20 year term with an annual ‘fee’. However, it is of course expressed just to be an ‘agreement to grant a right’ to the operator, not a lease of the land to the operator.

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