ABSTRACT
This chapter explains when the opportunity to obtain a necessary wayleave arises, what the necessary element means in the statutory and phrase necessary wayleave. It also explains the key point to bear in mind about necessary wayleaves, how a necessary wayleave compares and contrasts with a non-statutory wayleave and the interaction between wayleaves, consents and easements. If a voluntary or an implied wayleave ends for any reason, the landowner may give the licence-holder a notice to remove the electric line. If the express terms do not give these rights then you would have to argue that such rights ought to be implied having regard to the usual general principles of contract law. Rights under both statutory and non-statutory wayleaves include rights for access to and maintenance of an electric line. The process the licence-holder must follow is to ensure that the correct owners and occupier are identified, the status of the land, in relation to applications for necessary wayleaves.
