What is the difference between a Wayleave and an easement?
In summary, a wayleave is granted to the person who owns the land and is terminable; an easement relates to the land itself and is permanent.
What is Wayleave clearance?
Wayleaves are to be kept clear of vegetation and any other obstructions that could hinder the construction, operation, and maintenance of electricity lines.
How do Wayleaves work?
A Wayleave Agreement is a formal agreement made between the land owner and the energy company to allow them to use the land to run cables, or to place equipment or even pylons. In return for granting the right to use this land, the energy company will usually pay a fee, similar to a tenant paying rent to a landlord.
Is there a register of Wayleaves?
Easements are attached to the land and are normally created by deed. They may also be registered on the title as held by the Land Registry. They are often considered to last in perpetuity but can be extinguished and some may also be time limited.
Are Wayleaves registrable?
An easement is also registrable as a legal interest at the Land Registry, whereas a wayleave is not, although since 2002 they must now be disclosed on an application to register the property, which means that they will be noted on the register as an overriding interest.
Are Wayleaves permanent?
Wayleaves are not permanent and can be time limited, although some wayleaves are protected by statutory code powers. Compensatory payments can be split between the owner and the occupier. For an easement to be created, an area of land must benefit from the easement on land nearby which is in different ownership.
How much do you get paid for a Wayleave?
The payments can range wildly from 1% of your property value to 4%, certainly something worth pursuing. This is why we mentioned earlier using a wayleave agreement surveyor to claim for you. They’re skilled in the field, and ultimately are far more likely to negotiate a larger payment.
Do Wayleaves expire?
The length of the agreement will depend on the negotiations. The licence may expire at the end of the tenancy or it may be renewable subject to an additional one-off fee. The example below is a licence terminable on notice in certain prescribed circumstances.
Do Wayleaves bind successors in title?
A wayleave agreement does not require registration at Land Registry and will not bind a successor in title to the landowner/developer.
How do I find out if there is a Wayleave on my property?
Obtaining a copy of Wayleave Agreements In order to ascertain if such a document is available from the Land Registry you should look at your Title Register to see if the wayleave is referred to, which would normally be the case.