“Wayleaves allow the right to use the property of another without possessing it. It entitles the holder only the right to use such land in a specified manner. Generally used in the case of roads to utility companies for the right to work in the “road reserve” to bury cables or access utility lines. An easement is considered as a property right in itself by common law and is treated as a type of property in most jurisdictions.
The application for a Wayleave is necessary for the Johannesburg Roads Agency (JRA) to monitor and control all work within the road reserve so that it conforms with the JRA policy and the Service Delivery Agreement. The issuing of Wayleaves is also necessary to ensure that work done in the road reserve complies with the "Code of Practice for work in the road reserve" and other relevant Acts.
The wayleave approval process is usually anywhere between 6-12 weeks long.
Under which circumstances would a wayleave not be approved?
Essentially a wayleave will not be approved if the correct process has not been followed.