Over the last 20 years in the UK, there has been a proliferation in the statutory provision for wayleaves. The utilities requiring wayleaves, such as the water, gas and electricity companies have now been joined by cable TV and a host of telecommunications providers. All have access to compulsory powers, However, there are variations between these powers and between compensation arrangements.

The paper has two objectives. The first is to examine whether statutory powers (coupled with statutory compensation) are now appropriate, following the privatisation of the gas, electricity, water and telecommunications companies. The second is to consider whether the powers and procedures for creating wayleaves strike a fair balance between the interests of the utilities and the landowners.

The paper considers the results of a six-month study of wayleaves, funded by the RICS Education Trust, completed in November 1999. The paper recommmends that statutory powers should continue to be available where utilities are under a statutory duty to develop and maintain a service.

In order to strike a fair balance, however, the paper advocates that the nature of the powers requires to be redefined and standardised. In addition, the paper recommends that claimants should not merely be entitled to the financial equivalent of their loss but that a consideration should be paid reflecting, in effect, a rental for the wayleave.