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 someone holds over land owned by somebody else. These are attached to the land and are normally created by deed. They may also be registered on the title and held by the Land Registry. 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 any restrictions that these wayleaves and easements impose can cause significant stress and lead to lengthy and 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 seek professional advice and fully understand your entitlements.
GA’s property litigation team has extensive experience in regards to disputes about easements and wayleaves. If you need advice call the team today on 01752 203500. Alternatively, email enquiries@GAsolicitors.com or use our online contact form.