Wayleave agreements
Explore how we can help businesses with their legal requirements around energy and communications infrastructure.
Contact our teamWhen dealing with energy and communication infrastructure projects, one crucial element often required is a wayleave agreement.
These legal agreements are vital in helping utility providers gain access rights to privately owned land, allowing the installation and maintenance of essential infrastructure. However, navigating a wayleave agreement can frequently become complex and challenging for both landowners and service providers alike.
At Moore Barlow, our highly experienced energy and communications infrastructure legal team understands these complexities. Our lawyers offer practical, clear advice, ensuring the negotiation and completion of wayleave agreements proceed smoothly and swiftly, protecting your interests and minimising disruption.
What is a wayleave agreement?
A wayleave agreement is a legal contract between a landowner and a utility or communications provider. The agreement grants the provider specific rights to install, maintain, repair and operate infrastructure and equipment across privately owned land. Common examples of infrastructure covered by wayleave agreements include electricity poles and cables, telecom network lines, fibre broadband connections, gas and water pipes.
Typically, a wayleave agreement defines the exact route for installing equipment, details of access privileges for maintenance purposes, compensation payments, and terms for termination or renewal of the agreement. Wayleave agreements may either be temporary or permanent, depending on the negotiated conditions and requirements of the parties involved.
Callum Leary
Partner | Commercial Property, Real Estate, Real Estate Finance
How we can help with your wayleave agreements
At Moore Barlow, our expert team offers detailed and skilful assistance at all stages involved with wayleave agreements. We support landowners, property developers, telecom providers, energy suppliers and utility companies, ensuring that the legal arrangements in place comprehensively reflect their needs.
Our wayleave specialists can assist you in the following ways:
- Reviewing and negotiating terms to protect your interests and reduce liabilities;
- Providing clear and transparent guidance on compensation payments and agreement valuations;
- Ensuring compliance with all regulatory frameworks and relevant UK legislation;
- Resolving disputes arising from wayleave agreements swiftly and comprehensively;
- Providing ongoing legal advice and support to minimise risk and ensure successful project completion.
Why choose us for your wayleave agreement negotiations?
Moore Barlow is an established law firm recognised for outstanding legal support across sectors including property, energy and infrastructure. Our energy and communications infrastructure lawyers have extensive experience dealing with wayleave agreements, rights of access, easements and infrastructure installations.
When choosing Moore Barlow, you benefit from:
- A dedicated, knowledgeable legal team with specialist expertise in wayleave agreements;
- Practical advice tailored specifically to your unique circumstances and project requirements;
- An approachable, responsive and commercially-minded approach;
- Outstanding client care, recognised by our excellent Legal 500 and Chambers UK rankings;
- Efficient management of complex negotiations whilst ensuring clarity and transparency at every stage.
Our highly regarded solicitors adopt a collaborative approach, partnering with you to reach the most advantageous outcomes. At Moore Barlow, we combine specialist industry knowledge with proven legal expertise, making us the ideal choice for all your wayleave agreement needs.
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Sarah Jordan
Partner | Real Estate, Landed Estates and Farming, Rural Services
Callum Leary
Partner | Commercial Property, Real Estate, Real Estate Finance
Sharon Mays
Senior Associate | Commercial Property, Real Estate, Land Development, Real Estate Finance
Nellie van der Lande
Senior Associate | Commercial Property, Landed Estates and Farming, Real Estate Finance, Rural Services
Oliver Appelboam Meadows
Solicitor | Commercial Property, Landed Estates and Farming, Rural Services
Parties involved in a wayleave agreement
A wayleave agreement is a legally binding contract between a landowner or occupier and a service provider, usually a utility or telecommunications company. It grants the provider permission to install, maintain and access equipment such as cables, pipes or masts on private land.
At Moore Barlow, we support both landowners and service providers to ensure their rights are protected and their obligations clearly set out. Whether you are granting access or rolling out infrastructure, we help you reach a practical and legally sound agreement.
Rights and responsibilities of each party
Every wayleave agreement should clearly outline what the service provider is permitted to do, and what the landowner is expected to allow. This typically includes access rights for installation, ongoing maintenance, inspections and future removal of equipment.
Responsibilities often include:
- The service provider must ensure works are carried out safely, reinstate land to its original condition and maintain appropriate insurance.
- The landowner or occupier must provide reasonable access, avoid obstructing equipment and inform the provider of any planned changes to land use.
Our role is to help both sides agree fair terms that reduce the risk of disputes and ensure a smooth working relationship.
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Types of wayleave agreements
There are several forms of wayleave agreements, depending on the purpose and duration. Common types include:
- Temporary wayleave – used for short-term access, for example during construction or site surveys.
- Ongoing or permanent wayleave – typically used for long-term infrastructure such as broadband, electricity or gas networks.
- Statutory wayleave – granted under specific legislation when parties cannot agree voluntarily, often under the Electronic Communications Code.
Choosing the right type of agreement is essential. We provide tailored advice based on your project, land use and long-term objectives.
Compensation for landowners
Landowners are usually entitled to compensation (usually provided as a one-off payment for entering in to the wayleave) in return for granting access to their land. The amount can vary and is influenced by:
- The nature and extent of the equipment installed
- The impact on current and future use of the land
- Comparisons with similar wayleave arrangements in the area
We work with you to ensure the compensation reflects both market value and the unique circumstances of your land, providing robust negotiation support throughout.
Importance of disclosure and documentation
Wayleave agreements should always be properly recorded and disclosed during any property sale or lease. Failing to do so could lead to legal disputes or delays during a transaction.
Our team ensures that all wayleave rights are correctly documented, registered where appropriate and transparently communicated during commercial property transactions, helping to protect both buyers and sellers.
Common challenges and how we help
Wayleave negotiations are not always straightforward. Common difficulties include:
- Disagreements between landowners and service providers over terms or access rights
- Restrictions on land development or future use caused by installed equipment including whether there is a right to relocate the equipment
- Unclear or outdated historic agreements
- Disputes over emergency access or reinstatement of land
With extensive experience in commercial property and telecommunications law, we offer clear, strategic advice to help you resolve challenges efficiently and avoid unnecessary disruption to your business.
Get in touch with our specialists today
If you need expert advice and support with a wayleave agreement or any related matters, please contact our dedicated Energy and Communications Infrastructure team at Moore Barlow. We will be happy to discuss your requirements and provide clear, transparent legal guidance.
Contact us today to find out how our specialist solicitors can support you and ensure your wayleave agreement is negotiated smoothly and effectively.
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Frequently asked questions: Wayleave agreements
Can I refuse a wayleave agreement?
Landowners can refuse wayleave requests; however, this could lead to the utility company or provider obtaining statutory rights through compulsory powers, often resulting in lower compensation. It’s important to seek professional legal advice to decide the best course of action.
How long does a wayleave agreement last?
Wayleave agreements can be either temporary or permanent. Temporary agreements typically last for a defined timescale (often several years), while permanent agreements continue indefinitely, unless terminated under agreed conditions.
What happens if I want to sell land with a wayleave?
Wayleaves generally transfer with the land when sold, meaning the new owner inherits the obligations and rights associated with the original agreement. This should be clearly highlighted during the negotiation and legal conveyancing process.
What happens if I sell my land during a telecoms lease?
A telecommunications lease and or agreement usually runs with the land and therefore transfers to the new owners upon sale of the property, meaning that any existing leases, agreements and obligations remain in place. Detailed advice should be sought to clearly communicate responsibilities and protect both parties’ rights during property transactions.
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