Wayleaves, telecommunications and utility agreements

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Enabling utilities and communication services to businesses and the general public usually requires agreement with landowners in relation to the grant of rights for the installation of service media such as solar panels, masts, pylons, cables, pipes and substations.

Utility providers often have the benefit of legislation to support their undertaking which can cause serious problems for landowners when trying to maximise income from their sites and which can result in a negative impact upon the value of their assets if not approached correctly through legal agreements.

The law in this area is complex and the commercial property team at Harrison Drury has extensive experience of advising both landowners and landlords on the form of agreements with Utility providers, providing practical guidance on the implications of entering into such an agreement and the effect of the statutory powers and protections which often are not documented in the agreements.

Although landowners cannot avoid being subject to the utility provider’s statutory powers, our team will act robustly on your behalf to ensure that the terms and agreement are properly negotiated and well drafted to provide you with the protection, rights and a deal that suits your needs.

Our team can help you with:

Reviewing and advising on heads of terms for new sites and renewals. It can be a complex area particularly when dealing with statutory protected agreements. Early support from expert agents working along side the legal process is recommended to ensure rental valuations and other payments that may be available are secured from the outset.
Review of any notices served to ascertain the legal position at the outset. Establishing if the party ascertaining their rights actually has the legal standing to do so and if the correct procedure has been followed at the outset can be crucial. This can impact on the strength of the negotiation position between the parties.
Negotiating the terms of the consents, agreements and leases
Advice on the utility providers statutory rights and implications of letting them into occupation or renewing agreements
Dealing with applications to assign or share the benefit of the utility providers interest and to make equipment upgrades
Reserving and initiating rights to move equipment and service media
Terminating agreements and securing vacant possession
Enforcing the obligations of service providers under the terms of an agreement
Dilapidations and compensation for damage and loss suffered by landowners

To speak to our commercial property specialists please call us on 01772 258321 or make an enquiry below to see how we can assist you and your business.

Meet our Commercial Property team

Nicola Beneduce

Partner Commercial Property

t: 01200 401114

m: 07585 704393

Wayleaves, telecommunications and utility agreements

Our team can help you with:

Meet our Commercial Property team

Nicola Beneduce

Simon England

Naomi Fell

Hannah Hughes

Amanda Marwood

Lara Watts

Wayne Ellison

Mike Fetherstone

Lucy Benton

Clare Davey

Sam Jones

Wendy Newbury

Jennifer Potts

Rhian Sale

Roberto Bonaminio

Laura Bradley

Danielle Leeming

Catherine Worthington

Lucy Beachell

Gemma Eastham

Danielle Jesson

Lois Parker

Zakira Vika

Jackie Bate

Jane Fillis

Lucy Parkhouse

Priya Anand

Faye Simpson

Terri Abbott

Aamir Dahya

William Hornby Phillips

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