We have decided to bury an overhead cable in our garden. The route has been agreed and we have paid quite a lot of money to UKPN to move the cable! Their legal department have sent us this standard Wayleave Agreement. It looks OK but does anyone have any experience of these things please? Or maybe know a solicitor who can help, please? We aren't receiving a Wayleave fee for their equipment to be going over our property, the route of which feeds neighbouring properties. I guess because we've asked for the equipment to be moved underground.
Eastern Power Networks plc whose registered office is Newington House, 237 Southwark Bridge Road, London, SE1
6NP ("the Company") of the other part
BACKGROUND
The Grantor is the freehold/leasehold owner of the Property and has agreed to grant rights to the Company in respect
of the Works on the terms set out below
IT IS AGREED as follows:-
1.- DEFINITIONS
“the Company” includes its Subsidiaries, Associated Companies, successors and assigns
“the Grantor” includes its tenants, licensees and employees
“the Plan” means the plan annexed hereto
“the Property” means the land shown on the Plan and described by the Land Registry (or locally where the land is
unregistered) as being
“the Works” means the works shown on the Plan and described in the Schedule
2.- THE RIGHTS
THE Grantor hereby grants consent for the Company:-
(a) To install, maintain, inspect, alter, renew, remove and retain the Works and to enter the Property at all
reasonable times (or at any time in the case of emergency) with or without vehicles plant or machinery for
such purposes
(b) To fell or lop in a woodman like manner any tree or hedge on the Property which obstructs or interferes
with the Works
3.- THE COMPANY’S COVENANTS
THE Company shall:-
(a) Not cause any unnecessary damage or injury to the Property and shall take all reasonable precautions to
avoid obstruction or interference with the use of any road or footpath sewer drain or watercourse that may
be crossed by the Works
(b) Make good to the reasonable satisfaction of the Grantor any damage caused by or arising out of the
execution of the Works. If for any reason any such damage cannot be made good the Company shall
compensate the Grantor in an amount which has previously been approved by the Company
(c) Give to the Grantor not less than five days' previous notice (except in cases of emergency when as long
notice as practicable shall be given) of the intended exercise of any of the rights conferred by Clause 2 above
(d) At all times keep the Grantor indemnified against all losses, damages and expenses which he suffers or incurs
by reason or on account of any breach of this Agreement including any negligent act or omission of the
Company in connection with the execution or existence of the Works provided that this indemnity shall not
extend to any such losses damages or expenses to the extent caused by the default of the Grantor
14.- THE GRANTOR’S COVENANTS
THE Grantor shall not:-
(a) Do or cause or permit to be done on the Property anything likely to cause damage or interference of any kind
to the Works
(b) Make or cause or permit to be made any material alteration to the Property so as to interfere with or obstruct
the access to the Works or so as to interfere with the support afforded to the Works by the surrounding soil
without the prior written consent of the Company
5.- TERMINATION
This Agreement shall remain in force for a period of 15 years from the date hereof and thereafter until determined at
the expiry of not less than twelve months' previous written notice given at any time by either party but without
prejudice to the rights which the Company might exercise under the Electricity Act 1989
(a) THE SCHEDULE
THE erection of 1 poles and 1 stays and appliances for the purpose of supporting the above mentioned electric
line in the approximate positions indicated on the Plan
(b) THE placing of Low Voltage underground cable(s) for transmitting electricity at a frequency of 50 hertz and at
a pressure of 230/400 volts and low voltage telephone and signalling cables such cable(s) to be in the
approximate position indicated by the red hatched line on the Plan.
Length of cable(s) approximately 55 metres.
THE parties hereto have set their hands the day and year first above written
Any help gratefully received.