ABSTRACT

Wayleaves are the method generally utilised by licence-holders to install and keep installed electric lines on private land but there are situations where a wayleave cannot be obtained. The authors considered the circumstances and the benefits to both landowner or occupier and licence-holder respectively of an easement as opposed to a wayleave and explained that if agreement is reached the terms of the grant, a joint reference can be made to the Lands Tribunal for the determination of compensation. This chapter considers the alternative solution against the following: the legislative background, the various methods of assessment of compensation and the factors to take into account in arriving at the consideration. Such assessment embraces the compensation code contained in the six rules within section 5 of the Land Compensation Act 1961. With the linear rights obtained by licence-holders it is only at support positions where land can be said to be taken from the landowner.