ABSTRACT

This chapter discusses the term 'wayleave rights' that includes both the basic permission to locate and retain on land an electric line and also rights ancillary to that basic permission. Such rights are needed if the basic permission granted by the wayleave is to be exercised efficiently by the licence-holder. If during the currency of either a non-statutory or a necessary wayleave the grantor purported to revoke the basic permission and then act upon that revocation without pursuing the statutory procedures considered in, every factor points towards an application for an injunction on the part of the licence-holder. In the case of express non-statutory wayleaves, ancillary rights will only exist if they are given by the terms of the documents signed by the current landowner/or occupier as grantor and the current licence-holder. Such an implication can be justified if it is necessary in order to give the wayleave business efficacy.