ABSTRACT
This chapter defines a wayleave as a permission enabling a person to lay or install infrastructure on or in the occupation of another and which permission includes the ability to enter the land to inspect and maintain the infrastructure. It considers whether there are sufficiently clear indications from statute and the cases for us to be able to develop a working definition which will enable us to identify all forms of non-statutory wayleave and distinguish those from a necessary wayleave. The chapter focuses on ancillary rights including the lopping and felling of trees and rights to survey land. In certain circumstances it is not possible for a licence-holder to apply to the Secretary of State for a necessary wayleave. An easement is a right such as a right of way or a right of light or a right of support which one property concedes to another.
