Wayleave Agreement any help, please?

[NLC]

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.

[garrymartin]

Do they have an existing wayleave for the overhead installation? What does that say? When was it put in place?

[Conor]

You should run past your solicitor and inform your mortgage lender as this will have a theoretical impact on the value of the property and sellability.

 

We had something similar for a storm drain and our solicitor dealt with it all and the utility company paid the fees.

Edited Friday at 18:15 by Conor