What is the difference between a utility easement and wayleave?
A. An easement is an agreement which grants the utility company rights for equipment to be placed in or over land for an agreed period time, or forever (in perpetuity). The terms of the easement will be a covenant which will be placed within the title of your property. In return the utility company will make a one off lump sum payment. To establish an easement, legal representation is required and the reasonable legal cost of establishing an easement will usually be paid by the utility company. A Wayleave is described as a terminable agreement, where theoretically both parties may issue a notice (under the specific terms of the agreement) to the other for the agreement to come to an end. No legal representation is necessary, however, we would always advice care when considering the granting of some forms of utility wayleaves. To avoid future problems we would urge you to seek representation when granting wayleaves. When granting a wayleave, the reasonable costs of your representative w
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