PROMOTION Landowners' rights - energy and infrastructure Thanks to the efforts of the Country Land and Business As a property solicitor specialising in agriculture, Im regularly asked to advise clients on existing or proposed Association(CLA) and she National Farmers Union (NFU rights for energy and communications providers over there is a 5% increase inthe wayleave payments offered their land. These rights fall into two main categories 1. Easements-the right of one landowner to cross o make use of an adjacent piece of land for the benefn off his own land by national operanor Openreach for foxed line broadband cabesar dequpment, aswelas a 4%roeasenpayments frorm alternative providers such as Gigiclear and Virgin Meda. Whilst the rates are advisory and not compulsory they provide landowners with a much better deal Moda Whilst the a formof consent in wntingt is stillessential that landowners negotiate the best a third party access to t install maintain or repair erms for their wayleave agreemen lowing energy equipment in retun for annual payments Wayleave agreements are not pemanet although some wayleave agreements are protected by statutory code powers, which can allow energy companies ocess onto land in any event ts as they would for an easement Matters such as the route and depth of equipment should no be overlooked, as a landowner w need to ensure that his or her farming activities do not interfere with the equipment If you are a landowner intending to grant new rights or renew existing rights in is important that you obtain professional advice to ensure the terms of an easement For more information contact James Goddard in SAS Daniels Commercial Property team on 01244 305912 or email When it comes to wayleae agreements, there is good news for landowners thanks to the inoduction ofthe national foxed ine wayledve framework which took effect on 1 October 2018 This sets out responsibilties of both providers and landowners or wayleave are agricultural use of the land or any future development suitable and won't imit the continued the rights and SAS Daniels' Chester Office has moved SAS Daniels Solicitors has moved to 3 Vicar's Lane, Chester CH1 1QX sas daniels LLP sasdaniels.co.uk 01244 305900 Chester Congleton I Macclesfield Stockport