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An electricity wayleave is the legal right commonly agreed over land ownership for overhead electricity lines and cable apparatus. Over 95% of all electric overhead lines across the UK on held on wayleaves
Easement
An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
Full Answer
What is a wayleave for electricity lines?
A wayleave for electricity lines typically grants permission to a power company to install or upgrade and keep electricity lines and associated equipment on the landowner's property, and rights of access for maintenance and repairs. A wayleave agreement may be reached voluntarily between the power company and the landowner.
What is a wayleave agreement?
A Wayleave is a legally binding agreement between a land or property owner and Telecoms, Utilities or Fibre providers that grants access for the installation and subsequent maintenance or management of network cabling and equipment over or under land. How long does a Wayleave Agreement take?
What is a statutory wayleave?
A Statutory or Necessary Wayleave grants the provider the right to access land and install their equipment without the concurrence of the landowner. Most providers will try to negotiate a Voluntary Wayleave but if an agreement is not met,...
What is a 'necessary wayleave' in Scotland?
Certain power companies (electricity licence holders) can also apply to the Scottish Ministers to impose a wayleave on the landowner without agreement, this is known as a 'necessary wayleave'. The Scottish Government has recently updated its guidance on necessary wayleaves for electricity lines.
How do you find out if there is a Wayleave?
Wayleave agreements must be disclosed to the Land Registry on application for a change of registration and copies can be obtained, if there are any, by obtaining a Conveyancing Deeds Search.
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.
What is the meaning of a Wayleave?
Definition of wayleave 1 : an easement consisting of permission to cross land or of a right-of-way across land. 2 or wayleave rent : the rent paid for a wayleave.
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.
How much is a typical Wayleave payment?
The payments can range wildly from 1% of your property value to 4%, certainly something worth pursuing.
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.
Is a Wayleave payment a one off?
An Easement only requires a one-off payment to secure permanent access whereas a Wayleave is usually a temporary agreement.
Can I cancel a Wayleave agreement?
Can I terminate a Wayleave Agreement? There will be a termination clause in the agreement setting out the procedure and notice period required if you wish to end the agreement.
Are Wayleave payments taxable?
Payments for wayleaves Rent received in respect of a wayleave is taxed as property income by Chapter 3 of Part3 of ITTOIA05 (property businesses) unless it falls within: Chapter 8 (rent receivable in connection with a UK section 12(4) concern), see PIM1117, or.
Do Wayleaves 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.
Are Wayleaves binding on successors in title?
Wayleaves are binding for a specified period and against successors in title rather than being personal to a grantor.
Can a utility company come on my property UK?
Do utility companies have right of access? Electricity power lines, water, sewer and gas pipes all form “utility apparatus” and as such, companies have statutory powers to enter private land under legislation such as the Electricity Act 1989, Water Industry Act 1991 and the Gas Act 1986.
Do you have to agree to a Wayleave?
Most providers will try to negotiate a Voluntary Wayleave but if an agreement is not met, providers can often proceed with the install under the Code Power Operating Licence and impose Compulsory Purchase or Vesting Orders.
Should a tenant be a party to a Wayleave agreement?
Who are the parties to a wayleave? The owner of the relevant land and the service provider need to be parties. In the case of a service being installed for the benefit of a tenant, the tenant (and possibly the tenant's guarantor if applicable) will need to be a party if the route of the cables etc.
How do I create an easement UK?
You must apply to register an easement in form AP1 where both the benefiting land and the servient land are registered. When the benefitting land is unregistered you can apply to register the easement using either form AP1 or form AN1 to meet the registration requirements (rule 90 of the Land Registration Rules 2003).
Who is included in Wayleave?
These parties regularly include Wayleave Officers, Land Agents, Solicitors and adjoining landowners.
What are the challenges of Wayleave?
Unfortunately financial negotiations are another challenge during Wayleave negotiations. Some landowners have exaggerated expectations and therefore expect sizably more than what the service providers are willing to pay.
Can Wayleave be negotiated?
Most providers will try to negotiate a Voluntary Wayleave but if an agreement is not met, providers can often proceed with the install under the Code Power Operating Licence and impose Compulsory Purchase or Vesting Orders.
What is Wayleave Agreement?
Wayleave Agreements – what you need to know. A Wayleave Agreement gives a service provider a right to install its equipment through or over a third party’s land. In the past these have tended to be relevant to property developers but the growing reliance on fast IT connectivity means the need for these should be considered when acting ...
Is Wayleave a complicated document?
The Wayleave Agreement itself is not a complicated document and most IT providers have their own standard form. Some Landlord’s also have their own preferred standard precedent but most IT providers are happy to accept this.
Is a Wayleave Agreement needed?
The need for a Wayleave Agreement is often overlooked or raised at a late stage. Failure to consider the need for a Wayleave Agreement may however have costly implications for a Tenant who has entered into a binding Lease with its Landlord with obligations to pay rent but who cannot operate from the premises because it does not have the required IT infrastructure. Remember – don’t leave the Wayleave too late!
