What is a Wayleave easement?
Wayleaves and easements relate to access requirements for pipes and cables laid in private land, usually by utility companies. They give the right for utility companies to lay cables and pipes in or over land, with an annual payment to the property owner.
What is a transmission line easement?
Transmission Line Easement means any easement in which a Contributor has any right, title or interest upon which a Transmission Line Facility is located.
What is an overhead easement?
Homeowners usually have overhead or underground powerlines that run through their property. In such cases, it usually means the utility company has an easement over the property. An easement gives the holder the right to use the property owned by someone else.
What is the difference between Wayleave and 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.
How does a Wayleave differ from an easement?
A wayleave is an agreement between a land owner or occupier and a third party, permitting that third party to do something for example to access the land to carry out works in return for compensation. An easement is a right that someone holds over land owned by somebody else.
How do I know if there is a Wayleave on my property?
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.
How long does a Wayleave last?
Wayleaves generally only give contractual rights (i.e. unlike an easement) and so aren’t treated as ‘dispositions’ of land and are personal between the contracting parties. Most can be terminated by giving notice – normally quite a long notice period of around six – 12 months – but can last for many years.
Are Wayleaves registerable?
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.