Utilities, Wayleaves and Easements
When an electricity, water, gas or telecoms company proposes to place pipes, cables, poles or other apparatus on your land, you are entitled to fair compensation. The company often pays the landowner's reasonable professional fees as well, so independent advice may come at no cost to you.
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- Fees are often paid by the utility company
Check If Your Fees May Be Covered
Answer three quick questions about the letter or the works. If it looks like the company or authority may pay your fees, you can ask us to call you back.
Or call us: 07857 877925Who We Act For
We advise farmers and landowners across the North West who have received a letter, a visit or a draft agreement from a utility company concerning pipes, cables, poles or other apparatus on their land. We act both where works are proposed and where they have already been carried out.
Our director, Luke Banks MRICS FAAV, brings more than a decade of experience as a Chartered Surveyor and Land Agent to each instruction.
Our Wayleave and Easement Service
- reviewing the offer and the draft agreement before you sign
- negotiating the payment for the apparatus and for any easement
- recording the condition of your land before work begins
- pursuing claims for crop loss, disturbance and reinstatement afterwards
A wayleave is usually an agreement with annual payments that can be terminated. An easement is a permanent right registered against your land, usually in return for a single payment. We will explain which you are being offered and what it means for the land in the long term.
Electricity Wayleaves Under the Electricity Act 1989
Wayleaves for electricity lines, poles and cables are governed by Schedule 4 to the Electricity Act 1989. Under it, the network operator pays compensation to the occupier, and to the owner where that is a different person.
- Compensation covers the wayleave itself and any damage or disturbance caused by the works.
- It may be paid as a lump sum, as periodic payments, or as a combination of the two.
- A wayleave can end under its own terms, for example on the expiry of a notice period.
If you decline to agree a wayleave, the operator may apply to the Secretary of State for a necessary wayleave. You have the right to be heard before a decision is made. A necessary wayleave cannot be granted for a line on or over a dwelling.
Having an Electricity Line Removed
When a wayleave ends, you may serve notice requiring the operator to remove its line. The operator then has three months to apply for a necessary wayleave or make a compulsory purchase order. If it does neither, it must remove the line.
This can be significant where a line or pole obstructs a new building or a planning permission. Please speak to us before serving notice, as both the timing and the wording are important.
Water and Sewer Pipes Crossing Your Land
Water and sewerage companies may lay pipes in private land under section 159 of the Water Industry Act 1991. They do not require your agreement, but they must give the owner and the occupier reasonable notice. For a new pipe, the law treats that as at least three months, except in an emergency.
Schedule 12 to the same Act entitles you to claim compensation for:
- any reduction in the value of your land
- other loss or damage, such as crop loss and disturbance
Before You Sign a Wayleave or Easement
Companies often send a standard agreement with the payment already completed. We recommend that you let us review it first. We examine:
- whether it is an annual wayleave or a permanent easement
- the route, the working width and the access rights
- who is responsible for reinstating the land, drains, fences and gates
- whether the company will meet your reasonable professional fees
Utility companies often pay a landowner's reasonable professional fees for wayleave and easement work, although this depends on the company and the scheme. We confirm the position before any work begins.
If compensation cannot be agreed, it may be referred to the Upper Tribunal (Lands Chamber). A sound record of the land before the works makes any claim easier to establish.
How We Work
- Please do not sign anything yet. Call us or use the fee checker above.
- We review the correspondence and the agreement, and establish whether the company may meet your professional fees.
- We negotiate with the company on your behalf and keep a record of the land before and after the works.
Next Step
Call us on 07857 877925 or request a call back. Please have the letter and any plan the company has sent you to hand.
Common Questions
Who pays my Surveyor's fees on a wayleave?
Often, the utility company. Many electricity, water, gas and telecoms companies pay a landowner's reasonable professional fees as part of the agreement, although practice varies between companies and schemes. We confirm the position with the company before any work begins, so you know where you stand from the outset.
Can I claim for damage caused by the works?
Yes. You can usually claim for crop loss, disturbance and the reinstatement of the land once the works are complete. A dated record of the land's condition before work begins makes such a claim considerably easier to substantiate, which is why we recommend arranging one as early as possible.
What is the difference between a wayleave and an easement?
A wayleave is a personal agreement, usually with annual payments, that can be brought to an end under its own terms. An easement is a permanent right that runs with the land, binds future owners and is usually registered against your title in return for a single payment. Because an easement is permanent, its terms and payment deserve careful scrutiny.
Can I refuse an electricity wayleave?
You may decline to sign, but the network operator can then apply to the Secretary of State for a necessary wayleave under the Electricity Act 1989. You are entitled to be heard before a decision is made and remain entitled to compensation. A necessary wayleave cannot be granted for a line on or over a dwelling. We recommend taking advice before refusing.
Can I have an electricity line or pole removed from my land?
In some cases. Once a wayleave has ended, the owner or occupier may serve notice requiring the operator to remove the line. The operator then has three months to apply for a necessary wayleave or make a compulsory purchase order, failing which it must remove the line. The timing and wording of the notice are important, so seek advice first.
Does a water company need my permission to lay a pipe?
No. Water and sewerage companies have a statutory power to lay pipes in private land under the Water Industry Act 1991. They must give the owner and occupier reasonable notice, which for a new pipe means at least three months except in an emergency. You may claim compensation for any reduction in the value of your land and for other loss or damage.
Should I sign the wayleave agreement the company has sent me?
Not until it has been reviewed. A standard agreement is drafted by the company and may not suit your land, drainage or farming system. It is important to establish whether it is a wayleave or a permanent easement, what the payment covers and who is responsible for reinstatement. Ask whether the company will meet your reasonable professional fees before agreeing anything.
Who decides wayleave compensation if agreement cannot be reached?
For electricity wayleaves, and for water pipes laid under statutory powers, disputed compensation may be referred to the Upper Tribunal (Lands Chamber) in England and Wales. Tribunal proceedings take time and carry their own costs, so it is usually sensible to seek agreement first. A thorough record of the land before the works, and of your losses, assists in either case.
Reviewed by Luke Banks MRICS FAAV, RICS Registered Valuer, on .
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