What is a Wayleave?
A Wayleave is defined as the right to cross land. In some countries this is also known as a right-of-way or an easement. An easement is defined as the right to use the real property of another without possessing it.
Any party who therefore wishes to put infrastructure or services in place which involves crossing another’s land, needs to first seek approval from the legal land owner or custodian, normally done and managed through a formal Wayleave application, review and approval process.
This application management and approval process can become extremely cumbersome and a challenge to manage in larger numbers and volumes. This is true for both the Applicant as well as the Service and Land Owner.
Another very important factor not to lose sight of is that of existing Service Owners who invested millions or even billions of Rands on Wayleave location based infrastructure which needs to be properly recorded, while new Wayleave applications are to be reviewed and approved such that it does not present any risks or damage to current infrastructure. Should Wayleaves just be allowed and executed in an uncontrolled and unmanaged manner, damage to existing services and infrastructure could occur, resulting in losses and claims of millions of Rands.
This is why Service Owners, infrastructure responsible Land Owners or Custodians and even Wayleave Applicants have come to realize the need to make use of a proper Wayleave Management Solution.