Wayleaves and Easements

Wayleaves & Easements

This wide area of land and property transacting and the sometimes confusing and unexplained legal terminology used can result in unwarranted stress for the affected party. I can help to guide you through the issues involved and ensure that the best terms and conditions are available from the other side in the discussion be they local, public or national  authority, statutory undertaker, utility provider or private individuals or developers dependent on circumstances and whether in on under or over your land and property interests.

What Are Wayleaves & Easements?

Generally wayleaves and easements refer to rights granted to cross landed interests via a specified route by a specific method for the benefit of land in third party ownership.Wayleaves are usually temporary rights and are most often nowadays for electricity lines telecom cables and fibre optics. Easements are permanent rights often in respect of pipelines but can include power lines as well as the following:

  • A right of way for access or egress relating to land
  • A right to enter adjoining land to repair an external wall
  • A right to discharge rainwater
  • A right to enter neighbouring land
  • A right to receive light to a property
  • A right of support from land and property

Land and property owners are usually entitled to annual or capital payments for wayleaves and easements respectively together with compensation for crop and other losses, temporary or permanent damage, and for disturbance and injurious affection.

Use of temporary storage sites during the work can also result in compensation, and items such as position and location of apparatus, access routes, temporary fencing, accommodation works, field drainage, service routes, all have to be agreed.

Whilst the majority of wayleaves and easements are acquired for the benefit of utility companies or statutory providers, private rights are also often covered by such means and these can often pass on sale, for example access over neighbouring land.

Points to consider include the desired method of crossing land, on foot, vehicle or by cable, pipeline etc, restrictions on access or use, maintenance responsibilities, costs involved and most importantly the payment, whether annual or one off capital sum and whether any future review mechanisms or termination clauses are required.
All new rights require careful consideration and any existing rights may need reviewing, regularising or renegotiating.

If your situation relates to vehicular or pedestrian access and egress, gas, or other pipelines and utilities, drains, underground or overhead telecoms, power cables, water supplies, fibre optics and data transmission then call me. I have the knowledge and experience to help you and in many situations my fees are recoverable from the third party to the arrangement.

Also Advice & Negotiation For:

  • Rights of way and light
  • Ransom strips-Stokes v Cambridge
  • Restrictive covenants-removal and variation
  • Clawbacks overages and options
  • Accommodation and other works
  • Telecommunications and radio masts
  • Renewable energy
  • Pylons and power line refurbishment
  • Electricity substations and gas governor kiosks