A wayleave is an agreement between a landowner or occupier and a third party, permitting that third party to do something e.g. access the land to carry out works for an agreed compensation amount. This could be as a one off, or a long-term agreement paid on an annual basis. Wayleaves are not permanent and are time limited.
An easement is a right that one property holds over the land or property owned by somebody else. These are attached to the land and are normally created by deed. Examples include right of access and the right for services to pass beneath a neighbouring property. Payment made for an easement is usually a lump sum and could be considerable.
How sums are paid, when they are paid and restrictions these wayleaves and easements impose can result in complex disputes.
As government support for green energy technologies continues, the likelihood of being approached by energy providers has significantly increased. You may therefore have been contacted by an energy provider to set up a wayleave on you your property. Utility providers have access to compulsory purchase powers, known as ‘necessary wayleaves’. If you are contacted it is essential that you understand your position.