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Statutory powers.

  • 19-05-2013 9:44am
    #1
    loremolis
    Registered Users, Registered Users 2 Posts: 945 ✭✭✭


    Statutory body A installs a pipe through privately owned land using its statutory wayleave powers.

    Statutory body A then contracts with Statutory body B to allow B the use of the pipe as it sees fit. Statutory body B pays A annually for the use of the pipe but A does not pay anything to the landowner.

    Statutory body B then sells access to and the use of the pipe to non-statutory third parties on a commercial basis. These third parties pay Statutory body B for the use of the pipe but B does not pay anything to the landowner.

    Can access to the pipe be transferred in such a manner?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Ask a solicitor


  • #3
    loremolis
    Registered Users, Registered Users 2 Posts: 945 ✭✭✭loremolis


    Deleted User wrote: »
    Ask a solicitor

    Don't need to, not looking for legal advice.


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    loremolis wrote: »
    Statutory body A installs a pipe through privately owned land using its statutory wayleave powers.

    Statutory body A then contracts with Statutory body B to allow B the use of the pipe as it sees fit. Statutory body B pays A annually for the use of the pipe but A does not pay anything to the landowner.

    Statutory body B then sells access to and the use of the pipe to non-statutory third parties on a commercial basis. These third parties pay Statutory body B for the use of the pipe but B does not pay anything to the landowner.

    Can access to the pipe be transferred in such a manner?

    You would have to start with the Statute that created the body and its powers.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,647 ✭✭✭✭Victor


    I would imagine that problems would only arise with change of use type, not who it is used by. There would of course need to be an appreciation of how the user goes about inspection, maintenance, etc.

    If Bord Gáis had a gas pipe that they used for gas, only to then retire it and use it as a telecoms duct or water pipe, they may have problems.

    If Bord Gáis had a gas pipe and gave exclusive use of it to another gas supplier, I suspect there wouldn't be a problem. In reality, Bord Gáis would likely retain ultimate ownership.

    Many modern wayleaves are probably quite broad and allow telecoms and other services to be added (from the start, not during use) to wayleaves.


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