What's the difference between an easement and a Wayleave?

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 are the three types of easements?

What is a Wayleave?

Wayleave. A wayleave is a contractual agreement between a landowner or landlord and a telecommunications provider, where the landowner grants the network provider a licence with the right to access land and/or property, to install and/or maintain electronic communications apparatus.

Is a Wayleave permanent?

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.

What is an example of easement?

An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.

Easements and Right of Way - Explained

What is an easement in simple terms?

An easement is the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

What is the most common type of easements?

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

How much do bt pay for Wayleaves?

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.

Who pays for a Wayleave?

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.

How do I know 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.

Why is a Wayleave required?

When do we need a wayleave? We need to have a wayleave agreement in place to install or repair Openreach equipment on private land, or inside a property, where it provides service to people who aren't the legal owner of the land or a property, such as an apartment building. For example, providing services to a tenant.

Can an easement be time limited?

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.

Does a Wayleave need to be executed as a deed?

There is no obligation for a wayleave agreement to be executed by deed.

How do I remove an easement from my property?

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

What is easement in property law?

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

Does a Wayleave run with the land?

Given that a wayleave is usually a temporary agreement with the land owner, it does not automatically transfer to the new incumbent should a property or piece of land be sold. Utility companies do have certain powers to prevent wayleaves from being terminated in certain cases.

How often do you get Wayleave payments?

Landowners are entitled to an annual payment of rent or compensation under the agreement terms. Wayleave payments are intended to reflect the type of equipment and impact on the land. The landowner will be paid annually in arrears and the payment will be for rent.

Does a Wayleave bind successors?

This Q&A relates to a sale of land by the grantor of a wayleave, which will not occur where the grantor is the Secretary of State, but in any event a statutory wayleave binds successors in title by virtue of EA 1989, Sch 4, para 6(6).

Is Wayleave a one off payment?

An Easement only requires a one-off payment to secure permanent access whereas a Wayleave is usually a temporary agreement.

How much do you get paid for having a pylon on your property?

If you have the cables from the large metal pylons crossing your boundaries and your property is located in an urban area you could receive up to 5% of your property's value depending on how close the lines are to your house and the size of the lines. Higher settlements can sometimes be seen in rural locations.

Do you get paid for having an electric pole in your garden?

The pole has to be on the property, or the wires running directly over it, to qualify for compensation. If the wires run near to your property, but not on or over it, bad luck – you won't get a penny.

Can a Neighbour block a right of way?

What is a substantial interference? If your right of way is blocked in any way, this can cause inconvenience. However, to be able to take action against the person causing the inconvenience, the blockage must be a substantial interference.

Can a Neighbour claim my land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

Do easements need to be registered?

A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.