Way Leave line when looking for Land for Sale in Kenya
A Way leave line is a right of way (ROW) over the land of another. This ROW is for carrying the below into, through over or under any lands but in so doing may interfere with the existing buildings;
- Power line
In Kenya, the way leave Act Cap 292 and Energy Act of 2006 allow for ROW of transmission lines. Way leaves last for the life of the transmission line and are registrable, meaning they are specifically defined and described. Compensations are always made to the property owner who has been disrupted or displaced when the land gets earmarked.
It is also important to understand that, one should not buy to an already existing way leave line as it could render you homeless and displaced. This ignorance has led to a lot of people losing property worth millions because they lack information pertaining way leave lines.
When land is earmarked as a way leave, the owner of the land has accepted to its right of way by the holder of the easement. Hence, he/she can only perform some (not all) activities on that land.
Way leaves are corridors of about 25 to 180 feet where electric utilities are to be maintained at all times to avoid any damages to the electricity lines. Always make sure your property is 40 feet away from the nearest way leave line to avoid inconveniences.
Uses on a way leave
As stated earlier, there are only a few activities that can be performed on land purchased on a way leave line. Make sure to check and confirm that what you seek to do on the land is compatible with electricity.
This means, any activity done should access to the way leave for the repair crews when doing their work. Also allows sufficient clearance to allow for sag when lines are carrying maximum current.
KETRACO says, “As long as minimum clearances from poles and guy wires are maintained, most rights of way can be used for yards, gardens, pastures, and farming. In addition, with a written agreement with the affected utility, the land could possibly be used for recreational fields, streets, roads, driveways, parking lots, lakes, ponds, fences, drainage ditches, fills and grading.
Prohibited uses generally include pools, aircraft runways and taxiways, permanent structures (including manufactured homes), septic tanks, dumps, junkyards, wells, signs taller than 10 feet, fueling or fuel storage facilities, garbage and recycling receptacles and outdoor lighting not owned by an electric utility.
Lines and equipment of other utilities – including sewer, water, gas, electric distribution, telephone, cable TV and railroads – may be permitted under certain circumstances, and usually require a separate easement from the other utility. These are only examples.
To find out if a planned use of a right of way is acceptable, KETRACO offers a simple right-of-way application. Just download the form, answering the questions and e-mail or mail it back. With this information, an agreement can be quickly drawn up in about 30 to 45 days.