What is a Wayleave and why are they important?
A wayleave is a legal agreement which grants a third party access to privately owned land for the performance of a specific purpose. This prevents the third party’s access from being a trespass. Most commonly, wayleaves are granted to utilities companies to allow them to install or maintain equipment.
A wayleave is usually very restrictive on the scope of access granted. A wayleave does not operate to transfer any rights or interest in the land and is normally only a temporary contract connected to the landowners, as opposed to the land itself. This means when the land changes ownership, a wayleave normally terminates.
This is the main difference between a wayleave and an easement. An easement is usually a more permanent arrangement which grants rights to a third party in relation to the land itself.
What should a wayleave agreement include
A wayleave agreement should clearly set out:
- What works will the third party company be performing?
- Where is the third party company entitled to access – is access restricted to a particular area of the land?
- For how long is the access granted? Is the licence renewable on an annual basis?
- When is the third party company entitled to access the land? Are there any restrictions on the time of day and/or days of the week access is permitted?
- Will you (as the landowner) be entitled to any fee or reimbursement for allowing such access?
- Are there any conditions or restrictions placed on entry?
- To what extent is the company expected to restore the land following the works?
Wayleave top tips for landowners
- Check your property deeds for any existing wayleave and/or easement rights.
- If you are not a freeholder, check the terms of your lease to confirm whether you have the right to grant a wayleave.
- Once granted, remember you remain ultimately responsible for the safety and security of your land. The agreement should provide whether the company is expected to take on any obligations in relation to safety and security while on the land.
- Check your insurance to confirm whether your policy covers any damage caused under a wayleave.
The Hamlins Real Estate Disputes team has expertise in both commercial and residential matters. We seek to obtain the best outcome possible for every client, no matter how big or small the issue may be.
If you have any questions about wayleaves or any other property disputes matters, please get in touch.