(redirected from Wayleave)
Also found in: Dictionary, Thesaurus, Legal, Financial, Wikipedia.


in law, the right to use the land of another for a specified purpose, as distinguished from the right to possess that land. If the easement benefits the holder personally and is not associated with any land he owns, it is an easement in gross (e.g., a public utility's right to run power lines through another's property). At common lawcommon law,
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that
..... Click the link for more information.
 an easement in gross could not be transferred, but today it may be transferable. If the easement is held incident to ownership of some land, it is an easement appurtenant (e.g., the right to run a ditch through a neighbor's yard to drain your land). The land subject to the easement appurtenant is the servient estate, the land benefited the dominant estate. If certain conditions are met, the easement passes with the land to the new owner after the sale of either estate. An easement may be created by express agreement of the parties, in which case it must usually be in writing (see Frauds, Statute ofFrauds, Statute of,
basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677.
..... Click the link for more information.
), or it may be implied by a court from the actions of the parties in certain circumstances.
The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/


A deed restriction on a piece of property granting rights to others to use the property; may include restrictions for use or development on the property.
Illustrated Dictionary of Architecture Copyright © 2012, 2002, 1998 by The McGraw-Hill Companies, Inc. All rights reserved


(civil engineering)
The right held by one person over another person's land for a specific use; rights of tenants are excluded.
McGraw-Hill Dictionary of Scientific & Technical Terms, 6E, Copyright © 2003 by The McGraw-Hill Companies, Inc.


1. A right of accommodation (for a specific purpose) in land owned by another, such as right-of-way or free access to light and air.
2. A curve formed at the juncture of two members; forms a smooth transition between surfaces that would otherwise intersect at an angle.
3. Those portions of stair handrails which are curved in the vertical plane only; an “easement curve.”
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.
References in periodicals archive ?
In a statement to ECHO Business, SP Manweb said: "On July 25, 2014 the Secretary of State granted SP Manweb Plc a 15-year Necessary Wayleave for electricity apparatus at the Heath.
Makadara DCC Fred Ndunga have those who hav encrouched on the wayleaves 24 hours to bring down their stractures and vacate.
In those circumstances, the company can make a compulsory purchase order or, more likely, an application to the Secretary of State for a 'necessary wayleave'.
Nick Hellings, BT's national wayleaves manager, said Lisa had pulled together the solution to a long-standing problem.
We are not engineers, our expertise is in the knowledge of the wayleave legislation and how to use this to remove or re-route lines and pylons.
They accuse the state power company of not serving them with notice that they had encroached on electricity wayleave.
class="MsoNormalA wayleave is a right of way over the land of another and is designed for carrying sewer, drain, power line or pipeline into, through, over or under any lands.
This throws up a whole new set of challenges: supply issues, both with fibre itself and the skills needed to install it; politics and regulations; the wayleave dilemma, to name but a few.
The majority of utility apparatus is installed and retained on third party property through either a wayleave or an easement.
More dramatically, she says, landowners could withdraw their wayleave agreements with suppliers of gas, electricity and telecommunications (water companies have absolute right of access to land, so would be more difficult to block).
It was just something, he said, they'd never got around to, but no problem, he'd sort it now it was necessary, and sign any wayleave we required.