ABSTRACT
This chapter explores what a voluntary wayleave is and the various forms a voluntary wayleave can take. It enables the reader to understand first the distinction between a voluntary wayleave and an implied wayleave. The chapter considers the crucial importance of correctly identifying the type of wayleave in existence in any given situation before implementing procedures. It confines the term voluntary wayleave to those wayleaves which arise because the parties have consciously come to terms. The licence-holder will need clarity on what other rights it has over and the basic permission to keep infrastructure on land. However an express oral wayleave may arise in circumstances where the parties have begun their dealings with an express written wayleave but have continued it less formally. It is not necessary to consider in those circumstances the extent to which the general contract law of assignment and novation is applicable to express wayleaves. In legal terminology express means spelt out in full or explicit.
