A wayleave is a licence that is linked to the owners/occupiers of property and land, rather than the land itself.
Wayleaves are usually annual contractual agreements that can be renewed or terminated by either party. They are in place for a fixed term or ongoing annual arrangement that can be terminated.
Unlike easements, wayleaves are not registered against the property and do not bind future owners.
A wayleave is usually a temporary agreement with the landowner, and it does not automatically transfer to the new incumbent if a property or piece of land is sold.
Utility companies do have certain powers to prevent Wayleaves from being terminated in certain cases and Wayleaves are extensively used in contracts regarding the rights of utility companies to access pipes and land.
An Easement, which can also be referred to as a deed of grant, usually relates to more permanent statutory access agreements for larger infrastructure projects such as the installation of new water, gas or sewage pipes.The agreement cannot be terminated as it usually relates to the land above laid pipes.
When utility companies install new pipes, a one-off payment is made to the landowner, granting the utility company permanent access rights to service the pipes and cables at any reasonable time, often by serving a notice of entry.
Lawson West’s commercial property team of solicitors is experienced and can advise landowners on the structure of contracts relating to land and access rights, Wayleaves and Easements.
Clients and contacts tell us what sets our team apart is the personal and professional touch and welcoming approach provided in the provision of legal advice and services within commercial property transactions and client communications. Our broad land and property expertise means you will find us informed, experienced and confident.
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