Statutory wayleaves

Utilities

The companies operating in water, gas, electricity, communications and energy industries enjoy statutory rights of access on to private land to lay pipes, wires, cables and other service infrastructure needed in connection with their statutory powers and duties.

Landowners without private services rights may be able to require a supplier to use its compulsory purchase powers in order to comply with its 'duty to connect' and facilitate a development project. See Practice Note: Statutory wayleaves and rights of access.

Compulsory powers

The powers of each utility are given by industry-specific statutes. Despite broad similarity of approach, each utility has a specific compensation regime. Certain regimes limit the compensation to an amount equivalent to the depreciation of value of the land over which rights are exercised, rather than open market value. See Practice Note: Statutory wayleaves and rights of access.

Electricity

The Electricity Act 1989 (EA 1989) authorises bodies authorised to generate, transport or supply electricity to acquire a wayleave to install an electric line on, under or over private land, together with rights of access for inspection, maintenance and replacement. The wayleave

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