Navigating wayleaves and easements: What should I do when a utility provider contacts me?

Navigating wayleaves and easements: What should I do when a utility provider contacts me?

Emma Richmond, Solicitor, Rural Property

If you own or farmland, you may be contacted by a utility company about power lines or cables running across your fields. You might be asked to sign new paperwork, agree to access or confirm what is already in place.

Before you do anything, it is crucial that you understand your rights and the type of agreement being discussed, which will usually be a wayleave or an easement.

Wayleaves and easements: What's the difference?
Wayleaves are contractual agreements that allow an electricity provider to install, use and maintain electricity equipment on, under or over your land. These are usually temporary arrangements that can be brought to an end by either party with notice. The utility provider may offer compensation for the use of your land, and in some cases, you may have the opportunity to convert a wayleave to a permanent right, called an easement, for a one-off payment.

Easements are permanent legal rights, usually set out in a Deed of Grant or within your land deeds. They give the utility provider more permanent access to your land for specific purposes, such as installing and maintaining overhead or underground electric lines, water pipes or other infrastructure. An easement will often stay in place even if you sell your land.

What should I do if I’m contacted?
If you are contacted by a utility company, take these practical steps before an agreement is reached:

1. Don’t sign straight away: Take the time to understand what’s being proposed and what’s already in place on your land.
2. Review your records: There may be an existing agreement that limits what the utility provider can do.
3. Speak to a rural surveyor: They can assess the impact on your land and help negotiate fair compensation.
4. Get legal advice early: Wayleave and easement disputes can be complex. A solicitor with rural property expertise will help ensure your rights are protected and the terms are fair. Obtaining professional advice early means stronger terms and fewer surprises down the line.

How Hay & Kilner can help
At Hay & Kilner, our Rural Team regularly advises farmers and landowners on wayleaves, easements and utility provider access issues. If you’ve been contacted don’t hesitate to get in touch to ensure your rights are protected and to help you navigate these often complicated matters to achieve a fair resolution.