Wayleaves and easements are both terms which refer to rights granted to cross land by a specified route, by a specified method for the benefit of land in third party ownership. Wayleaves are temporary rights and are normally to grant rights for electricity powerlines, telcoms or fibre optics. Easements are permanent rights and include pipelines but can extend to powerlines.
Whilst the majority of wayleaves and easements are acquired for the benifit of utility companies, private rights are also provided for this way - for example, the right for a landowner to access their land by crossing their neighbours. It is necessary to consider the agreement carefully as the wayleave or easement will pass to a new owner of the land if either owner sells their land.
The main areas to consider are: the method allowed to cross the land (i.e. by vehicle, on foot or with a powerline), any restrictions on access (i.e. access only for residential purposes or only at certain times), maintenance responsibilities and any consideration due in respect of the right itself. Wayleaves normally require an annual payment whereas the grant of an easement is in return for a one off lump sum.
It is important to consider the grant of new rights carefully, in addition it is sensible to regularise any existing agreements. The rural land and compulsory purchase team at Kirkby & Diamond will be pleased to discuss client's individual requirements.