Rights/Obligations of Wayleaves

henryd65

Hello,

My property, in a housing estate, is adjacent to a sports club. The club has a registered wayleave in relation to a storm drain which passes through my garden. The drain was in place before the estate was developed.

I know the wayleave grants to the club rights of access to the storm drain for maintenance etc., but I would like to know if wayleaves also automatically have maintenance obligations attached to them.

I am trying to get a general sense of the rights/obligations of wayleaves, rather than just my particular example.

partyguinness

Get a copy of the original deed of transfer. That should have your answer.

henryd65

partyguinness wrote: »

Get a copy of the original deed of transfer. That should have your answer.

Thanks, I have a copy of the deeds. They just mention the existence of the wayleave, to whom it was granted and a reference number.

I guess I need to apply for a copy of the registered wayleave. However, I was asking in more general terms, not just specific to my situation. Perhaps all wayleaves are different and the rights/obligations are always specific to each one.

234

You need to see a copy of the deed of grant, not the title deeds (copy of folio). It will specify the nature of the wayleave.

Procrastastudy

So looking forward to starting Land Law in a few week :rolleyes:

Victor

henryd65 wrote: »

I know the wayleave grants to the club rights of access to the storm drain for maintenance etc., but I would like to know if wayleaves also automatically have maintenance obligations attached to them.

I doubt it is automatic.

However, if there is a problem, you could make a nuisance complaint.

There would be no maintenance obligation on you, unless specified, but there would be an obligation to not interfere with the drain.

Roger Mellie

The sports club has an easement of conduit over your property. The term 'wayleave' is inexact. Ancillary to that easement is the right to enter onto your land to repair and maintain the pipe. That ancillary right must be exercised reasonably. Blah blah blah...