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Wayleave

  • 31-03-2009 9:09pm
    #1
    Payton
    Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭


    Hi, Im looking for some information on an issue regarding a service provider (Eircom, NTL etc) to remove their cables from your property as far as I know it's called "way of leave". I remember seeing a post about it before and Ive done a search for it here but cant find it.
    Thanks in advance.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    It's called a wayleave and is the agreement or conferring of an easement or non-proprietory right in real property.


  • #3
    Payton
    Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    Thank you Tom Young, I stand corrected.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Sorry - I didn't mean to sound all that matter of fact!

    In relation to removal of same, it would depend on what was paid for in relation to access to the land and also whether the contract or deed luys currently.

    Tom


  • #5
    UrbanFox
    Registered Users, Registered Users 2 Posts: 474 ✭✭UrbanFox


    I remember NTL's predecessors getting my father to sign a wayleave before stringing their cable across the property.

    My father wanted to charge them a nominal fee equivalent to about €0.10 per annum so that he could retain the right to tell them to get lost if he wanted.

    I think that he was probably trying to convert their wayleave to a licence which he could revoke. They wanted a wayleave or nothing so we signed up to avouid being lynched by the neighbours !

    As far as I know the wayleave is permanent and binds successors in title to the house. I presume that NTL inherited the wayleave rights from the original cable company (RTE Relays ?).

    Out of curiosity would NTL or whoever register the wayleave in the Registry of Deeds as a right over the property or could they rely on the signed document from the customer (if they could find it !) ?


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