ABSTRACT
There are two financial obligations under consideration in this chapter. The first is the obligation to make a wayleave payment due under the terms of an express or an implied wayleave. The second is the obligation to pay any compensation awarded by the Lands Tribunal following the grant of a necessary wayleave or as a consequence of the exercise of statutory rights. In both cases it is for the licence-holder to perform the obligation. In both cases if the obligation is not performed, it is the landowner or occupier who has the right to seek a remedy for that failure. This chapter discusses in outline how a remedy for each such failure is obtained. Before considering the remedies available to deal with each such failure it is important to review how the relevant obligations actually come into existence. It is important not to assume that such obligations exist. The successful pursuit of any of the remedies considered below presupposes that the existence of the obligation in the first place can be demonstrated. It cannot be simply inferred from the fact that an electric line is present on the land.
