Macvere Land Rights

Utility land rights, explained in plain English.

The land rights behind a utility connection come with their own vocabulary. These are the terms you will meet on a connection scheme, defined the way we use them. If a term you need is missing, ask us.

Rights and documents

Easement

A permanent right over someone else's land, for example to lay, keep and maintain a cable or pipe. An easement is registered against the land and binds future owners. For a network operator it is the strongest form of right and the one usually required for adoption.

Deed of grant

The document that creates an easement. It describes the right granted, the land it affects and the plan showing the route or area. For electricity, it is often called a deed of grant of easement.

Wayleave

A personal, terminable agreement between a landowner and a network operator allowing apparatus to be installed and kept on the land. Unlike an easement, a wayleave does not bind future owners automatically and can usually be ended on notice, which matters a great deal to a developer.

Substation lease

A long lease of the substation site granted to the network operator, usually for 99 years or more at a nominal rent, with rights of access and rights to lay and maintain cables to and from the site.

Substation transfer

The alternative to a lease: the freehold of the substation site is transferred to the network operator outright.

Incorporated rights agreement

A single document that grants both the substation rights and the cable rights for a scheme, used by some DNOs and IDNOs in place of separate lease and easement documents.

Licence to occupy and construction licence

Short-term permissions that let a contractor enter land and start works before the permanent lease or easement completes. They protect the programme while the permanent documents are completed.

Deed of variation

A document that changes an agreement already in place, for example to move a substation or alter a cable route, without starting a new transaction.

Heads of terms

The agreed outline of a deal, including parties, land, rights and any payment, from which the solicitors draft the full document.

Plans and registration

HMLR compliant plan

A plan that meets HM Land Registry's requirements for registering a lease, transfer or easement: correct scale, north point, clear boundaries and an accurate relationship to the registered title. A plan that fails these checks is rejected and the transaction stops.

Legal plan

The plan attached to a lease, transfer, easement or wayleave to show exactly what land and rights are involved. On electricity schemes the legal plan must also match the network design and the operator's own drawing standards.

Title

The registered ownership of a parcel of land at HM Land Registry, identified by a title number. A scheme that crosses several titles needs the rights granted by each owner.

Highway plan

A plan from the local highway authority showing the extent of adopted highway. Apparatus in adopted highway is placed under statutory powers rather than private rights, so the plan sets where private land rights start and stop.

Parties

DNO

Distribution Network Operator: the licensed company that owns and operates the regional electricity network, such as SSEN, UK Power Networks or National Grid Electricity Distribution.

IDNO

Independent Distribution Network Operator: a licensed company that owns and operates last-mile electricity networks, typically on new developments, connected to the DNO's network.

ICP

Independent Connection Provider: an accredited contractor that designs and builds new electricity connections which are then adopted by a DNO or an IDNO.

NAV

New Appointment and Variation: a company appointed by Ofwat to provide water or sewerage services to a defined area, usually a new development, in place of the incumbent water company.

Statutory undertaker

A utility company with statutory powers and duties, including electricity, gas, water and telecoms operators.

Grantor

The landowner granting a right. On a development, this is usually the developer until plots are sold.

Process

TOI

Transfer of Interest. On an IDNO scheme, the document that transfers the land rights secured by the developer or ICP to the adopting network operator, so the operator holds the rights to its own assets.

LIF

Land Interest Form. The form completed for the adopting network operator that identifies the land affected by the scheme and the rights required, used to confirm the land rights position before adoption.

Point of connection

The location on the existing network where a new connection is made. The point of connection determines the cable route and therefore which land, and whose, the rights must cover.

Adoption

The process by which a network built by an ICP becomes part of the DNO's or IDNO's network. Adoption cannot complete until the land rights behind the assets are in place.

Energisation

The point at which a new connection is made live. On most schemes, land rights are the last item holding energisation up.

FAQs

What is the difference between an easement and a wayleave?

An easement is permanent, registered and binds future owners of the land. A wayleave is a personal agreement that can usually be terminated on notice. Network operators prefer easements for adoption. Developers should know which one sits over their land before they plan around the apparatus.

What is a TOI on an electricity connection?

A Transfer of Interest. It moves the land rights secured for a scheme to the IDNO that adopts the network, so the operator holds the rights to its own assets. It is one of the documents the IDNO will require before energisation.

Why do legal plans get rejected?

Usually for one of three reasons: the plan does not meet HM Land Registry standards, it does not match the network design, or it does not show what the DNO or IDNO needs to see. A plan checked against all three before it is issued does not get rejected.

Related services

Talk to Land Rights

Tell us about the connection scheme, the substation or the easement. We will tell you quickly what it will take.

Call023 9438 1400 Emailenquiries@macvere.co.uk VisitPort Solent, Portsmouth