As voluntary agreement notices begin arriving on doorsteps for the Kintore to Tealing 400kV overhead line, we want to ensure our members are fully informed and supported. If you're a landowner affected by this project, or similar ones, you don't have to navigate this alone.
Understanding the nature of these agreements is the first step in protecting your land, business, and long-term interests.
What Is a Voluntary Agreement?
A voluntary agreement is a legal arrangement between a landowner and a utility company that allows access to land for the purpose of installing and maintaining electricity infrastructure, whether overhead lines or underground cables.
These agreements are usually presented in one of two forms:
1. Wayleave Agreements
- Voluntary and negotiable.
- Provide an annual payment while the infrastructure remains in place.
- These are personal agreements, meaning they usually end if the land is sold or passed on.
- Wayleaves offer less legal permanence and often come with lower compensation than servitudes.
2. Deeds of Servitude
- These create a permanent legal right attached to the land, not just a contract between two parties.
- The agreement stays in place even if the property is sold.
- Because of their permanence, they may come with higher compensation, but they place a lasting burden on the land.
Received a Notice? Don’t Ignore It.
If you’ve received a voluntary agreement notice, take it seriously. Ignoring it won’t make it go away and it may reduce your ability to negotiate effectively.
Here’s what to do:
Key Steps to Take:
- Clarify the type of document: Is it a wayleave, a deed of servitude, an access agreement, or a consent form?
- Review carefully: Look at the length of the agreement, the specific parts of your land affected, and any terms around renewal or termination. You should also consider how the infrastructure is positioned and the height of towers and ground clearance of lines (SAG) and the impact this may have on use of machinery.
- Think long term: Consider how this could impact your future use of the land whether you want to develop, sell, or lease it.
- Never sign without advice: These are legally binding agreements. Getting expert guidance is essential.
Signing the Agreement: What It Really Means
By signing a voluntary agreement, you may be giving the electricity company ongoing or even permanent access to your land to install, operate, and maintain infrastructure. This could limit what you can do with your property now or in the future.
You need to fully understand the legal and financial consequences of any agreement before you sign on the dotted line.
Wayleave Rates
NFUS have not agreed any wayleave rates. We maintain that the rates provided should be a basis for further negotiation between the parties.
Need Help? Free Advice Is Available
If you don’t already have a professional adviser, our dedicated Utilities Helpline is here to help.
We’ve partnered with Davidson & Robertson, who offer 15 minutes of free expert advice to our members.
Don’t Delay—Get Informed and Take Control
Electricity infrastructure projects like the Kintore to Tealing line are major national developments but that doesn’t mean your rights as a landowner are any less important.
Understanding your options now can protect your land’s value and your peace of mind later.
For more guidance on Utilities accessing your land please visit our
website