Wayleaves and Easements: What’s the Difference?

Often, wayleaves and easements are used interchangeably, but in reality, they are very different things. If you’re a landowner (including owning your home), it’s important to understand the differences and whether you may need to sign an agreement.

While both terms relate to how landowners can make agreements about how their private land is accessed, what different situations do they apply to?

In this article, we will explain wayleaves and easements in simple terms, using real-life examples so that you can understand what they are, how they might impact your land, and when you might need to speak to a solicitor.

Wayleaves vs Easements: Definitions

What is a Wayleave?

A wayleave is a specific type of agreement that allows a utility company, telecoms company, or other organisation to install and maintain equipment on your land. If this relates to your situation, see our article on What is a Wayleave Agreement and other FAQs.

For Example, imagine you own a piece of land where a power company wants to run electricity cables. They would ask you for a wayleave, which would allow them to install the cables and access them for maintenance. In return, they might offer you compensation for the use of your land.

What is an Easement?

An easement is a more permanent right that allows someone to use a portion of your land for a specific purpose. This could be for access to a neighbouring property, ongoing drainage, or utilities. Easements are typically recorded in property deeds and can last indefinitely, even if the property changes ownership, as listed under the Land Registration Act 2002 .

For Example, suppose your neighbour needs to cross a corner of your property to reach their driveway. An easement gives them the legal right to walk or drive across your land. This easement would remain in place even if you sell your property, meaning future owners would also have to allow your neighbour access.

Quick Comparison

Wayleave or Easement? Practical Examples

Click each example to reveal the answer

Why You Should Speak to a Solicitor

If you are approached about a wayleave or easement, it’s wise to consult a solicitor. They can help you understand the implications of signing an agreement and ensure that your rights are protected. A solicitor can also assist in negotiating terms that are fair and beneficial to you.

In conclusion, while wayleaves and easements may seem similar, they serve different purposes and have different legal implications. Understanding these differences can help you make informed decisions about your property and its use.