Wayleave Agreement, Compensation and CPO Advice

You are entitled to seek independent professional advice before agreeing to any access or wayleave, and you have the right to negotiate the terms and compensation on offer. In some circumstances, utility companies can apply for a necessary wayleave through a statutory process, but even then, you are entitled to fair compensation, and the terms should still be negotiated carefully.

Objecting to a CPO is possible in certain circumstances and your rights to do so should be explored early in the process. However, even where the grounds to resist are limited, you are still entitled to seek compulsory purchase compensation for your land, any severance of your remaining land, disturbance to your business and any other associated losses. We can advise you on the most effective approach for your specific situation.

Wayleave compensation can cover a wide range of losses beyond the land value alone, including crop damage, reinstatement costs, business interruption, loss of development value, severance of retained land and disturbance costs such as your time and inconvenience. Your professional surveying and legal costs are also typically recoverable from the acquiring authority or utility company. We will carry out a thorough assessment to ensure nothing is overlooked.

In most cases involving a CPO or necessary wayleave, the reasonable costs of professional advice are recoverable from the acquiring authority or utility company. We will clarify the position on costs at the outset, so you know exactly where you stand before we begin.

Timescales vary considerably depending on the scale of the scheme, the complexity of the compensation claim and how negotiations progress. Wayleave negotiations can be concluded relatively quickly, while CPO compensation claims tied to major infrastructure projects can take considerably longer. Whatever the timescale, we keep you informed throughout and work to resolve matters as efficiently as possible.

Even if an agreement has been signed, it is worth speaking to us, particularly if circumstances have changed such as planning permission being granted on your land or if you have inherited a property with existing wayleave agreements you wish to review. In some situations, existing agreements can be revisited or renegotiated.