Q&As

If a wayleave is granted subject to a condition that the work be completed within six months, who could enforce that condition and how would they do so?

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Produced in partnership with David Peachey of Gatehouse Chambers

Published on: 13 April 2023

This Q&A assumes that the wayleave has been granted by agreement. In that case, the wayleave is a licence, usually for service media such as electricity or telephone wires, to cross the grantor’s land (which may include the side of a building). The grantor of the wayleave and possibly their successor in title have the right to enforce the wayleave. That will usually be the freeholder or potentially a long leaseholder.

As for the method of enforcement, the question

David Peachey

Barrister, Gatehouse Chambers

David is a property barrister with a background in insolvency and commercial dispute resolution. His practice covers all areas of real estate and landlord and tenant work, and also includes commercial and insolvency disputes with a real estate or trusts element.

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United Kingdom

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