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A neighbour has asked a telecoms company to provide broadband to their property, but to do this the company will need to dig a trench that crosses a small corner of my property. Accordingly, the company has written to me asking for me to grant a wayleave to allow them to do this.

Are wayleaves binding on all future owners of a property?

How would a prospective purchaser of a property find out about the existence of a wayleave? Are wayleaves included in conveyancing property searches or otherwise lodged with an authority that could be consulted? Or are they a private matter between the land owner and the telecoms company that could go undiscovered during conveyancing, and if so what recourse would a new property owner have if they later discovered the existence of a wayleave they felt diminished the value of their purchase?

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Q1: is not a legal question - it depends on what a prospective purchaser is willing to pay.

Q2: According to the attached pdf...

    1. This agreement is binding. You cannot cancel, amend or alter it without our written permission, except as stated in the code.
    1. This agreement will remain in force from the date written above for the whole period during which we are an operator (as defined in the code).
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  • Thank you for your answer, but I’m afraid I’ve done a complete pivot of the question to avoid falling foul of the rule on asking for legal advice on a specific matter. – jl6 Jun 10 at 21:56

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