The Kenya Power and Lighting Company (KPLC) has elaborated on way leaves that are left strategically to allow smooth maintenance and reliable services.
In a post on their socials on Wednesday, September 24, KPLC stated, “Have you ever wondered why we leave a strip of empty land between power lines?”
“This is called a wayleave; it ensures smooth maintenance and reliable service,” KPLC added
Further, the power company urged that it is integral to leave the peace of land termed wayleave free to avoid any interferences for reliable power services.
Understand Wayleaves
Wayleave can be defined as the Right of Way (ROW) over someone’s land. The ROW functions as a channel to carry sewer, drain, power line, or pipeline. The power lines and other pipelines may pass through, over, under, or into any land, and in so doing they might interfere with the existing infrastructure such as buildings.
The Constitution of Kenya contains the Wayleave Act Cap 292 and Energy Act of 2006, and it allows for ROW of transmission lines.
Moreover, wayleaves are mostly understood to be easements. Wayleaves last for as long as the transmission lines are in perpetuity. Due to the nature of the transmission lines, capital compensation is usually made to the property or landowner.
Also Read: KPLC Blackout: Nationwide Power Outage Hits Kenya, Again
Easements
Easements refer to a more permanent legal right that is attached to the land itself exclusive to the landowner. An easement endorses the holder with privileges of ROW by omitting to do some of the defined acts or allowing for another defined act on a given land.
Easements are acquired by grant express or they can be implied, statute, or adverse possession under the limitations of actions act.
Companies such as KPLC generally purchase easements for transmission lines. Additionally, they purchase fee-simple property for substations.
However, an easement grants limited rights to the involved companies for specific use while the property owners still retain the land and can utilize it for other uses.
Also Read: How to Trade Extra Power for Token Discounts with KPLC
Acceptable Uses
Most rights of way are used for yards, gardens, pastures, and farming. This is only effective provided that the minimum clearances from poles and guy wires are maintained.
Further, the affected utility does not lie to waste but with a written agreement the land can be used for streets, lakes, driveways, parking lots, ponds, fences, drainage ditches, and recreational fields among other uses.
However, there are other prohibited uses which include, pools, aircraft runways, and taxiways.
In addition, permanent structures such as homes, septic tanks, dumps, junkyards, wells, signs taller than 10 feet, fuel storage facilities, garbage and recycling receptacles, and outdoor lighting that are not owned by an electric utility.
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