Utility wayleaves: a compensation lottery?

Abstract

In the UK over the last 20 years there has been a proliferation in the statutory provisions for wayleaves. The utilities requiring wayleaves such as the water, gas and electricity companies have now been joined by cable TV and a host of telecommunications providers. All have access to compulsory powers. However, there are variations between these powers and between the compensation arrangements. The main objective of this article is to examine whether the compensation arrangements are now appropriate, following the privatisation of the gas, electricity, water and telecommunication companies. The article considers the results of a six‐month study of wayleaves funded by the RICS, which was completed in 2000, and recommends that, in order to strike a fair balance between the interests of the utilities and the landowners, legislative change is required. Claimants should not merely be entitled to the financial equivalent of their loss, but instead a consideration should be paid reflecting, in effect, a rental for the wayleave.

Citation

Hutchison, N.E. and Rowan‐Robinson, J. (2002), "Utility wayleaves: a compensation lottery?", Journal of Property Investment & Finance, Vol. 20 No. 2, pp. 159-180. https://doi.org/10.1108/14635780210420043