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What are Utility Easements?

I never said you could do that!!

I would think that we all, whether knowingly or not, are aware of the principles of risk against reward.  In general the more risk there is in a venture the higher the reward.  For those daredevils out there please do not take this as a green light to go and wrestle a shark or alligator!  I mean, certainly going toe to toe with a man-eating predator that probably weighs a couple of tons is incredibly risky but I’m not sure in that instance I can see much of a reward – may be a good story to tell the grandkids when they ask why your body is no longer complete but that’s about it.

Putting the above aside, in the main the principle does exist but you shouldn’t think it is a rule to live by that should be applied every time.  For example, if you are a landowner, have a car park, open land etc there is a possibility that at some point you will be contacted by a Utility provider requesting that you grant them an easement or a wayleave over your land in order to connect a neighbouring property/area to the mains.

Unfortunately for the landowners, as the utility providers can usually force you to grant the right, if you do not agree, the payments you receive for granting this right are rather small but this does not mean that you should consider entering into the agreement without taking legal advice (ideally for all concerned my legal advice).

The initial draft agreement that you will be provided with usually grants the ability provider with far too many rights over your property and far too few obligations placed on the other side.  This can be a serious issue in the future even if the utility provider does, as I am sure they would act properly.  Funders could have issues with these extensive rights, it could cause issues if you try and grant any leases,licences etc over your property!  All of these can be avoided by taking sound legal advice so, if you are contacted regarding a wayleave or an easement get in touch with Shergroup Legal and let me safeguard your property!

Content Writer​

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Last updated | 19 July 2023

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