18 January 2023
Watch out for Wayleaves
TMCP are receiving an increased number of requests from service providers that wish to install pipe, cable, or communication apparatus under, over or on the Church’s land. Although this is often presented as a simple arrangement requiring a signature by the landowner, permission for such apparatus usually constitutes what is known as a “wayleave agreement”. Please watch out for these unassuming requests as there are a number of charity law and Methodist law and policy requirements to be fulfilled beforehand, the cost of which should be met by of the service provider.
TMCP would like to draw the Managing Trustees’ attention to the article which was published on the News Hub in August 2017. The article sets out the Managing Trustees’ responsibilities as charity trustees and the procedure which needs to be followed before a wayleave agreement can be entered into. Please see below the link to the article:
If Managing Trustees are approached directly by a service provider regarding a Wayleave Agreement or anything the Managing Trustees suspect could be a Wayleave, they should contact TMCP for guidance and assistance.
If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.