The Ultimate Guide to the Conveyancing Process
The conveyancing process is the legal work involved in buying or selling a property...- 09 February 2026
Posted: 07 February 2026
In England and Wales, both wayleaves and easements give someone the right to use land owned by another person, but they do so in very different ways. Knowing how these rights work is important for anyone dealing with land affected by services, access routes or utility equipment.
An easement is a legal right that permanently benefits a parcel of land and places a corresponding burden on another. The land that gains the benefit is often called the dominant land, and the land that must tolerate the use is known as the servient land. This relationship between two pieces of land is at the heart of the meaning of easements in property law.
Typical examples include:
Because easements are attached to the land itself rather than to a particular owner, they generally continue as ownership changes hands, unless they are expressly released or brought to an end in law.
Easements are most commonly granted expressly in a legal document, such as a transfer or deed of grant. In some cases, they may arise by implication, for example, where land is sold without practical access, or through long-term use over many years, known as prescription.
Where land is registered, an express easement is usually protected by an entry at HM Land Registry. This ensures buyers and lenders are aware of the right and means the easement will bind future owners of the land.
A wayleave is typically a written permission granted by a landowner to another party, most often a utility or network operator, allowing equipment to be installed and maintained on or under the land. This might include electricity poles, overhead lines, buried cables, gas pipes or fibre-optic infrastructure.
There is no single statutory definition of a wayleave, but in practical terms, the meaning of wayleave is a contractual consent rather than a permanent property right. This distinction is central to understanding what wayleaves are and how they differ from easements.
Wayleaves usually have characteristics that distinguish them from easements.
A wayleave is generally granted to a specific company, such as a utility provider, rather than for the benefit of neighbouring land. As a result, there is no dominant and servient land relationship.
Many wayleave agreements run for a fixed period or on a rolling basis and may be terminated on notice, depending on their terms. This can make them less secure over the long term than an easement.
Wayleaves are often documented separately and may not appear on the Land Registry title. This can cause uncertainty if records are incomplete or not disclosed during a sale.
They usually include the operator’s right to enter land to inspect, repair, or upgrade equipment, which can affect how the land is used or developed.
The key practical difference between an easement and wayleave lies in permanence and security. Easements create enduring rights attached to land and capable of binding successive owners. Wayleaves, by contrast, are usually contractual arrangements in favour of an operator and may be limited in duration or personal in nature, even if they remain in place for many years.
Using the wrong type of arrangement can cause difficulties. Relying on a short, terminable wayleave where long-term access is required may undermine future development or financing. Granting an easement where only a flexible service-based permission was intended can impose a lasting burden on the land.
In certain circumstances, utility and network operators may rely on statutory powers to install or retain equipment even if a landowner does not agree to a voluntary wayleave. This can arise under electricity or electronic communications legislation and may involve compensation being assessed by reference to the impact on the land and any losses suffered.
Because these statutory procedures involve strict legal requirements, valuation principles and timescales, early legal advice is often advisable.
Wayleaves and easements both allow third parties to use land, but they operate in different ways and carry very different risks for landowners. Easements create long-term rights that attach to land and bind future owners, while wayleaves are usually contractual arrangements that may be limited in duration or capable of termination.
Knowing which type of right affects a property is particularly important when land is being sold, developed or refinanced, as it can influence access, valuation and future use.
We advise landowners, businesses and developers on wayleaves, easements and other rights affecting land. We can review existing arrangements, assist with negotiations and help manage legal risk on development and infrastructure projects.
If you need advice on commercial law issues affecting land, including wayleaves or easements, speak to our commercial law solicitors for clear, practical legal guidance.
Verity McEwen joined Bawtrees in October 2023 as a Trainee Solicitor. She completed her LPC with MSc in 2017 and brings over five years’ experience in both Residential and Commercial Property. Verity qualified as a Solicitor in September 2025 and joined the THB team in October 2025 following the merger. She is known for her enthusiasm, strong commitment to her role, and clear passion for progressing her legal career.
- 09 February 2026
- 07 February 2026
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