Post by DingbatPost by John VarelaOn Sun, 16 Apr 2017 12:24:54 UTC, "Don Phillipson"
Post by Don PhillipsonPost by DingbatWhat is the meaning of a 'right of way'?
<<Located in Toronto, Union has more than 2,000 rights of way,
making it
http://www.railway-technology.com/features/featureworlds-busiest-train-
stations
Post by John VarelaPost by Don Phillipson1. Formally, "right of way" is a term of English law meaning a
route
Post by John VarelaPost by Don Phillipson(from A to D, passing through B and C en route.) We usually
encounter
Post by John VarelaPost by Don Phillipsonthis in public rights of way across privately-owned land (cf.
ancient
Post by John VarelaPost by Don Phillipsoncharters granting a field to Lord X on condition that he allow the
local villagers to cross this field to get to the other side.
Modern
Post by John VarelaPost by Don Phillipsonland law concerning an isolated parcel of land often include a
right of way across someone else's land, so the owner can travel
from the public highway to his own land.)
I think in US law that would be an "easement". A landlocked propery
owner would have an easement to cross someone's land to reach the
public way. Also, the electric company has an easement to run wires
from the pole to my house, and therefore can come onto my property
and trim my trees without having to get my permission.
I've encountered the term "way-leave" for utility rights-of-way in
England,which makes me suspect that "right-of-way" refers to the
movement of people or goods rather than infrastructure (drains, water
or fuel pipes, electricity cables).
Yes. "leave" means "permission" as in for instance "leave" short for
"leave of absence", permission to be absent.
https://en.oxforddictionaries.com/definition/way_leave
way leave
noun
A right of way granted by a landowner, generally in exchange for
payment and typically for purposes such as the erection of telegraph
wires or laying of pipes.
‘companies must have way leaves for work they want to carry out
on private land’
Those who negotiate and arrange wayleaves are known as "wayleave
officers".
A UK property company:
http://www.savills.co.uk/careers/current-vacancies/rural--energy-and-projects-current-vacancies/wayleave-officers---trainee-wayleave-officers---ayr.aspx
Wayleave Officers / Trainee Wayleave Officers - Ayr
Job Description:
We are seeking Wayleave Officers / Trainee Wayleave Officers to join
our expanding network of projects staff providing consenting
services to the utilities sector throughout the UK.
I've not met the phrase "consenting services" before.
Successful candidates will possess excellent communication skills
together with an understanding of rural land and, ideally, the
utilities sector. You will be working mainly in identifying
landownership and negotiating agreements on behalf of electricity
and water companies.
Key Responsibilities:
Identifying landowners through desk based and field research
Formulating and maintaining project information databases
Preparing plans using CAD or GIS software
Negotiating consents for access and installation of apparatus
for utility companies
Understanding and implementing safe systems of work
Undertaking administration of wayleave records
Candidate Profile:
Ability to build rapport with a variety of people from different
backgrounds
Ask questions, interact, and discuss objectives regarding day to
day work of the team
Develop and maintain active communication both within your team
and other teams
Exercise confidentiality and discretion at all times
Ability to work to timescales to ensure project delivery process
is not impeded
Microsoft Office software literate
Experience in CAD/GIS mapping
Experience in linear infrastructure route design an advantage
An interest in the countryside and working outdoors
Ability to work on own initiative
Full UK driving licence and willingness to drive long distances
when required
I once met a retired wayleave officer who told me of one of his
negotiations. The electricity company he worked for needed to run cables
for some distance across a picturesque river estuary in North Wales[1].
There were strenuous objections because of the damage to the appearance
of the place that would be caused by pylons and cables. He arranged a
public meeting with local people to discuss the plans and possibilities.
The meeting was heated and got nowhere until one of the locals said
"I'll have private discussions with him and report back". That local was
the architect Clough Williams-Ellis who was responsible for the local
Italianate tourist village Portmeirion. He and the wayleave officer
agreed on a plan for the cables to be underground across the most open
part of the estuary. The proposal was accepted.
[1]
https://en.wikipedia.org/wiki/Traeth_Mawr
--
Peter Duncanson, UK
(in alt.usage.english)