Wayleave - Revision history

Designing Buildings at 11:02, 28 February 2023

2023-02-28T11:02:26Z

← Older revision		Revision as of 11:02, 28 February 2023
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	A wayleave is similar to an easement, but differs in that the easements are executed as deeds, are registered with the Land Registry and are permanently attached to the land in return for a one-off payment. This gives better security to the grantee, who may be prepared to pay more than for an easement than a wayleave, but an easement may impact on the long-term value of the land if the landowner chooses to sell or lease the land.		A wayleave is similar to an easement, but differs in that the easements are executed as deeds, are registered with the Land Registry and are permanently attached to the land in return for a one-off payment. This gives better security to the grantee, who may be prepared to pay more than for an easement than a wayleave, but an easement may impact on the long-term value of the land if the landowner chooses to sell or lease the land.

−	Wayleaves include termination clauses and are not permanent, however, questions have been raised about how straight-forward it is to terminate agreements ~~(ref. [http://www.wayleave.co.uk/wayleave-advice.htm Wayleave advice])~~, and some wayleaves are protected by statutory code powers.	+	Wayleaves include termination clauses and are not permanent, however, questions have been raised about how straight-forward it is to terminate agreements, and some wayleaves are protected by statutory code powers.

	Payments are generally annual, but can be made as a single lump-sum payment. A wayleave payment may consist of two parts, the owner’s payment and the occupier’s payment, and may include a contribution to the landowner’s or occupier’s legal costs. The grantee should commit to minimising any damage to the property and to make good or pay compensation where there is damage.		Payments are generally annual, but can be made as a single lump-sum payment. A wayleave payment may consist of two parts, the owner’s payment and the occupier’s payment, and may include a contribution to the landowner’s or occupier’s legal costs. The grantee should commit to minimising any damage to the property and to make good or pay compensation where there is damage.
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	The complexity of wayleaves and the potential long-term impact on land means that both parties should seek legal advice before entering into an agreement.		The complexity of wayleaves and the potential long-term impact on land means that both parties should seek legal advice before entering into an agreement.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Countryside and Rights of Way Act 2000.		* Countryside and Rights of Way Act 2000.
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	* Tree rights.		* Tree rights.
	* Trespass.		* Trespass.
−
−	~~= External references =~~
−
−	* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].

	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]		[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Designing Buildings at 09:31, 2 October 2020

2020-10-02T09:31:30Z

← Older revision		Revision as of 09:31, 2 October 2020
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	* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].		* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].

−	[[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Designing Buildings at 16:43, 18 March 2020

2020-03-18T16:43:01Z

← Older revision		Revision as of 16:43, 18 March 2020
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	* Rights of way.		* Rights of way.
	* Rights over land.		* Rights over land.
		+	* Right to access land.
	* Tree rights.		* Tree rights.
	* Trespass.		* Trespass.
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	* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].		* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].

−	[[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Designing Buildings at 15:02, 27 February 2020

2020-02-27T15:02:57Z

← Older revision		Revision as of 15:02, 27 February 2020
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	* Restrictive covenant.		* Restrictive covenant.
	* Rights of way.		* Rights of way.
		+	* Rights over land.
	* Tree rights.		* Tree rights.
	* Trespass.		* Trespass.

Designing Buildings at 12:21, 9 January 2019

2019-01-09T12:21:47Z

← Older revision		Revision as of 12:21, 9 January 2019
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	The complexity of wayleaves and the potential long-term impact on land means that both parties should seek legal advice before entering into an agreement.		The complexity of wayleaves and the potential long-term impact on land means that both parties should seek legal advice before entering into an agreement.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Countryside and Rights of Way Act 2000.		* Countryside and Rights of Way Act 2000.
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	* Land register.		* Land register.
	* Leasehold covenants.		* Leasehold covenants.
		+	* Permissive path.
	* Quiet enjoyment.		* Quiet enjoyment.
	* Restrictive covenant.		* Restrictive covenant.
−	* Right of support.
−	* Right of way.
−	* Right to light.
	* Rights of way.		* Rights of way.
	* Tree rights.		* Tree rights.
	* Trespass.		* Trespass.

−	=== External references ===	+	= External references =

	* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].		* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].

	[[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]		[[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Editor at 15:57, 6 June 2018

2018-06-06T15:57:56Z

← Older revision		Revision as of 15:57, 6 June 2018
Line 5:		Line 5:
	A wayleave is similar to an easement, but differs in that the easements are executed as deeds, are registered with the Land Registry and are permanently attached to the land in return for a one-off payment. This gives better security to the grantee, who may be prepared to pay more than for an easement than a wayleave, but an easement may impact on the long-term value of the land if the landowner chooses to sell or lease the land.		A wayleave is similar to an easement, but differs in that the easements are executed as deeds, are registered with the Land Registry and are permanently attached to the land in return for a one-off payment. This gives better security to the grantee, who may be prepared to pay more than for an easement than a wayleave, but an easement may impact on the long-term value of the land if the landowner chooses to sell or lease the land.

−	Wayleaves include termination clauses and are not permanent, however, questions have been raised about how straight-forward it is to terminate agreements (ref [http://www.wayleave.co.uk/wayleave-advice.htm Wayleave advice]), and some wayleaves are protected by statutory code powers.	+	Wayleaves include termination clauses and are not permanent, however, questions have been raised about how straight-forward it is to terminate agreements (ref. [http://www.wayleave.co.uk/wayleave-advice.htm Wayleave advice]), and some wayleaves are protected by statutory code powers.

	Payments are generally annual, but can be made as a single lump-sum payment. A wayleave payment may consist of two parts, the owner’s payment and the occupier’s payment, and may include a contribution to the landowner’s or occupier’s legal costs. The grantee should commit to minimising any damage to the property and to make good or pay compensation where there is damage.		Payments are generally annual, but can be made as a single lump-sum payment. A wayleave payment may consist of two parts, the owner’s payment and the occupier’s payment, and may include a contribution to the landowner’s or occupier’s legal costs. The grantee should commit to minimising any damage to the property and to make good or pay compensation where there is damage.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

		+	* Countryside and Rights of Way Act 2000.
	* Deed of easement.		* Deed of easement.
	* Derogation from grant.		* Derogation from grant.

Editor at 13:26, 9 September 2016

2016-09-09T13:26:32Z

← Older revision		Revision as of 13:26, 9 September 2016
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

		+	* Deed of easement.
	* Derogation from grant.		* Derogation from grant.
	* Easement.		* Easement.

Editor at 14:06, 25 May 2016

2016-05-25T14:06:53Z

← Older revision		Revision as of 14:06, 25 May 2016
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	* Encumbrances.		* Encumbrances.
	* Land register.		* Land register.
		+	* Leasehold covenants.
	* Quiet enjoyment.		* Quiet enjoyment.
	* Restrictive covenant.		* Restrictive covenant.

Editor at 11:11, 18 February 2016

2016-02-18T11:11:01Z

← Older revision		Revision as of 11:11, 18 February 2016
Line 21:		Line 21:
	* Encumbrances.		* Encumbrances.
	* Land register.		* Land register.
		+	* Quiet enjoyment.
	* Restrictive covenant.		* Restrictive covenant.
	* Right of support.		* Right of support.

Editor at 09:50, 18 February 2016

2016-02-18T09:50:20Z

← Older revision		Revision as of 09:50, 18 February 2016
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−		+	A wayleave is a contract between a the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation.
−	A wayleave is a contract between a the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation.	+

	Typically they are used to allow utilities companies to install cables, pipes, pylons or other equipment or apparatus on privately-owned land and giving them access to the site at reasonable times to be able to carry out inspections, alterations, renewal, removal, maintenance and repairs.		Typically they are used to allow utilities companies to install cables, pipes, pylons or other equipment or apparatus on privately-owned land and giving them access to the site at reasonable times to be able to carry out inspections, alterations, renewal, removal, maintenance and repairs.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Easement.	+
−	*Encumbrances.	+	* Derogation from grant.
−	*Land register.	+	* Easement.
−	*Restrictive covenant.	+	* Encumbrances.
−	*Right of support.	+	* Land register.
−	*Right of way.	+	* Restrictive covenant.
−	*Right to light.	+	* Right of support.
−	*Rights of way.	+	* Right of way.
−	*Tree rights.	+	* Right to light.
−	*Trespass.	+	* Rights of way.
		+	* Tree rights.
		+	* Trespass.

	=== External references ===		=== External references ===
−	*CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].

−	[[Category:Other_legislation]]	+	* CLA [http://www.cla.org.uk/rural-policy-advice/agriculture-rural-business/telecommunications/rural-broadband/wayleaves Wayleaves].
−	[[Category:Property_law]]	+
−	[[Category:Contracts_/_payment]]	+	[[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]