Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Wayleave definition

What does Wayleave mean? A wayleave is the landowner’s or occupier’s permission for a utility or telecoms operator to install, keep and access apparatus (such as cables, ducts, pipes, poles or masts) on, under or over land, usually in return for annual or one‑off consideration. In practice it is a contractual licence: it does not create a proprietary interest, is typically terminable on notice, and is often described as similar to (but distinct from) an easement (England & Wales and Northern Ireland) or a servitude (Scotland). “Wayleave” is a descriptive industry term rather than a standalone legal estate. In the UK, electronic communications deployments...

Tripartite wayleave precedent for telecoms apparatus under the previous Electronic Communications Code (pre-2017), covering installation, maintenance, relocation, fees and termination; relevant to transitional arrangements

Published by a LexisNexis Property expert

Precedents

STOP PRESS: THE NEW Electronic Communications Code CAME INTO FORCE ON 28 DECEMBER 2017.

This precedent was prepared against the backdrop of the former Code, and its substance may still be pertinent for the transitional arrangements contained in the new Code. It remains useful context. The transitional arrangements in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, state that existing agreements under the former Code (ie an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the former Code) will continue to have effect once the new Code commences, albeit with certain modifications. For added detail on the transitional arrangements, see: New Electronic Communications Code—Code rights—Transitional provisions (Schedule 2 DEA 2017). For further information regarding the new Code, please consult Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights. The City of London Law Society published a new Digital Fixed Line Infrastructure Agreement for the New Electronic Communications Code on 13 September 2018; see: Digital Fixed Line Infrastructure Wayleave Agreement...

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Web page updated on 22/05/2026

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