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Land Rights

Land Rights is a collective term, incorporating Deeds (Easements), Leases, Transfers, Wayleaves and Licences. It is preferable for all parties to document Rights within a legal document to clearly set out what is required and from whom.

What Land Rights do I need?

It is important for Statutory Undertakers to obtain Rights to ensure the safety and integrity of their apparatus enabling them to fulfil their statutory obligations and maintain their supply. Should any damage be caused to the land it can leave landowners in a vulnerable position, so it is in their interests to document their expectations for any works which are to be carried out on their land also.

Land Rights are required when Statutory Undertakers (IGTs, IDNOs, DNOs, NAVs and ECNOs) are unable to rely on/exercise their Statutory Rights to cover their access and maintenance of their apparatus.

Deed of Easement

A Deed creates a formal legal grant from one party to another, in relation to land.

Deeds are registered with the Land Registry to be binding, as well as helping to ensure future purchasers or third parties, are aware of the existence of the Deed.

Easements are commonly used by Statutory Undertakers to obtain express Rights to lay and maintain apparatus on land owned by someone else.

Easements are generally permanent and are registered against the title, not the owner – they run with the land.
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Transfer

Transfers of land are agreements to pass legal ownership, of the whole or a parcel of land, to another party.

A Transfer can also contain Rights over land which will remain in the seller’s possession (Retained Land). For example, a Transfer of land for a substation usually includes a grant of a Right of Way over the Retained Land to reach the substation.

Rights obtained in this way are sometimes referred to as Reserved Rights.
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Lease

A lease of land is a legal agreement where permission to occupy and use land is granted by the legal owner (Landlord) of land to another party (Tenant).
They must be for a defined period of up to 999 years. During this time, they give the Tenant exclusive possession of the land.
Generally, Statutory Undertakers would obtain Leases for 99-year terms or more to ensure a sufficiently stable period of occupation.
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Wayleave

A Wayleave is a type of licence or permission granted by one party over land to another.
They are distinct from Easements in two ways.
  1. They can be terminated (either lasting for a set amount of time, or granted on an annual recurring basis)
  2. They are personal (they are agreements between the parties and therefore do not usually affect future owners of the land). They do not “run with the land”
Wayleaves may be appropriate for temporary apparatus or apparatus that is easily accessible or removable. Think overhead cables rather than buried ducts.
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Head of Terms

Heads of Terms are a non-binding agreement between parties who intend to enter into a contract or agreement, aiming to set out the expected terms.

They are particularly common when establishing terms with a Third Party, where it may be beneficial to gauge the Third Party’s requirements for a Deed before instructing Solicitors to obtain one.
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Licence

Licences are generally revocable by the party granting them, subject to reasonable notice, and therefore are not secure ways to guarantee the protection of a right.
They are best served for temporary permissions to enter or cross land. Sometimes used for EV charger installations.
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