Property Disputes analysis: Landowners need to carefully consider which is the relevant operator for the purposes of terminating agreements relating to electronic communications apparatus under the Electronic Communications Code (Code). In a decision applicable to Code wayleaves and licences entered into before 28 December 2017, the Upper Tribunal has held that, even if such an agreement has been assigned by the original operator party to another party, the original party may remain the relevant operator for the purposes of termination under part 5 of the Code, where it retains primary responsibility for performing the obligations in the agreement.
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