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Wayleave Agreement

A completed fictional utility wayleave covering cables, access, compensation, safety, maintenance, assignment, land registration and termination.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# WAYLEAVE AGREEMENT

Date: 1 October 2029

Parties: Leah Morgan and Westshire Energy Networks plc

## 1. Parties and purpose

Leah Morgan, registered proprietor of 44 Meadow Lane, Shrewsbury SY3 7AA, grants Westshire Energy Networks plc (Company No. 02381455) a wayleave over the route shown in Plan W through the eastern garden. It permits a low-voltage underground cable and joint box serving 44 and 46 Meadow Lane, not a transfer of the freehold or an easement unless separately documented.

## 2. Scope, price and subject

Westshire may install, inspect, maintain, repair, renew and remove the apparatus, using reasonable skill and avoiding unnecessary disturbance. It gives at least five business days’ notice for planned access, except emergency or safety work, uses identified contractors and restores surfaces, planting and fencing to a reasonable equivalent condition.

## 3. Operating duties

The annual payment is £175, reviewed every five years by RPI subject to a minimum of zero, plus £350 for installation disturbance and evidenced crop, plant or damage loss. Payment is due each 1 October. Leah must not build, excavate, plant deep-rooted trees or obstruct access within the strip without Westshire’s written consent.

## 4. Compliance, records and controls

Westshire is responsible for apparatus safety, statutory electrical compliance, contractor supervision and damage it causes. Leah remains responsible for her own contractors and must call the emergency number if she exposes, damages or notices a hazard around the cable. Each party maintains appropriate insurance; neither assumes liability for the other’s negligence.

## 5. Term, ending and remedies

Westshire may assign the wayleave to a successor network operator with notice, but not to an unrelated commercial occupier. Leah must disclose it to a buyer and provide reasonable co-operation for any Land Registry restriction, notice or registration required to protect the agreement; registration does not change the agreed personal obligations.

## 6. Liability and reservations

The wayleave continues for 25 years, unless the cable is permanently removed, the network no longer requires it or either party terminates after a material breach not remedied in 30 days. Westshire removes redundant apparatus and makes good. Disputes about compensation go to an independent surveyor before court proceedings, without preventing urgent safety relief.

## 7. Governing law and signatures

English law governs and courts of England and Wales have jurisdiction. Leah and Westshire’s authorised surveyor Daniel Price sign on 1 October 2029. This wayleave is not consent to planning, building or highway works, and Westshire must obtain all other permissions and comply with statutory powers.

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