Access and Rights

Question 1

Explain the Act which governs the utility companies

Answer 1

Gas Act 1986
Electricity Act 1989
Water Industry Act 1991

Question 2

Requirements for Landowners under public rights of way

Answer 2

Ensure that the RoW are free from obstructions such as permeant or temporary fences, hedges or walls. Need to maintain vegetation

Question 3

Difference with an easement or wayleave

Answer 3

Easement
- One of payment.
- Access runs with the land (For good)
Wayleave
- Annual payment
- Access runs with the Landowner

Question 4

How would a TT make a compensation claim

Answer 4

Record the area effected, the crop grown and the cost of that crop. Also the time and effort establish that crop again including cultivations etc

Question 5

What notice is needed when water companies need to access land

Answer 5

Section 159 notice

Question 6

Notice required for Gas and Electricity

Answer 6

They would need to provide notice of works prior to the works. At least 14 days prior to the works commencing

Question 7

How would you complete a Deed of Variation

Answer 7

• Need to be completed by a solicitor
• Easier if all parties agree to the correct amendment prior the deed.
• The deed will be produced with the correct amendment
• All parties will sign agreeing that this deed will be used moving forward

Question 8

Explain what a prescriptive Easement is

Answer 8

Rights acquired through long use or enjoyment by a third party. The party would have had quiet enjoyment for 20 years

Question 9

What is Adverse Possession

Answer 9

Where a third party has had quiet enjoyment of the land with no interruption from the Landlord.
Needed to have resided on registered land for 10 years. Unregistered land for 12 years