Access and Rights Flashcards
What is a wayleave?
A temporary right which receives annual payment.
- It is personal to the company and is not compulsory to register on LR.
what is an Easement?
A permeant right that receives a capital payment.
- Usually registered at LR.
What is Adverse possesion?
When a person who is not the legal owner of the land can become so by possession of the land for a period of time, without the owners permission.
What are the time frames for adverse possesion?
- Registered land is 10 years
- Unregistered land is 12 years
What is the Water Industry Act 1991?
Provides powers to water companies as statutory undertakers to access land and exercise rights.
What are time frames for access under WIA?
Under section 159;
- 3 Months (90 days) to lay new pipe
- 42 days to alter existing
- 7 days work notice to follow the above
emergency works do not require notice.
What are accommodation works?
Works to mitigate the impact of a scheme on claimants retained/affected land.
such as fencing, track mating, gates, holding pens, new water supplied and hedge replanting.
What is freehold interest
Gives the owner full ownership of the land and property
What is leasehold interest?
Gives the owner the right to occupy the property for a set period of time
What is a statutory undertaker?
Various company’s and agencies who are given a general licence to carry out certain development and highways works.
- can include water and power companies
What is a protected undertaker?
Someone where the powers of a statutory undertaker may not apply
What is Dimunition in Value?
The difference in value due to the presence of the project
Public rights of way
- Footpath
- Bridleway
- Restricted byway
- Byway open to all traffic
What does the Countryside Rights of way act 2000 cover?
The public can walk freely on mapped open countryside without having to remain on paths including mountain, moorland, heath and registered common.
Doesn’t apply to riding horses, bicycles or other mechanical vehicles.
What are the main heads of claim?
- Value of land taken
- Disturbance
- Loss
- Severance and Injurious affection
How would someone claim adverse possesion?
Submit an ADV1 with plan and declaration to land registry
How long does a s.31(6) agreement last?
20 years
why are s.31(6) agreements important?
Enables land owners to protect their land from gaining public rights of way through use by public.
What legislation governs s.31(6) applications?
Highways Act 1980 for rights of way.
Commons Act 2006 if village green or common land.
What would you include in the HoTs for a retrospective easement?
Some are;
- Parties involved
- Land taken
- Property
- Agent and solicitors
- Easement payment
- Width of easement
-Purpose of easement
How would you extinguish and easement?
- Release (both parties agree)
- Abandonment (not needed)
- Common ownership
- Statute powers no longer apply
- Court and apply for diversion
Who are the regulatory authorities for utilities companies?
OFFWAT - Water services
OFGEM - for gas and electricity markets
What are the basis of compensation?
- Hourly rate
- Percentage based.
What does the New Roads and Street Works Act 1991 cover?
Gives notices to follow for a statutory undertaker to allow them to carry out works to a street not define under s.158 of the WIA.
Defines a street as any highway, road, lane, footway alley or passage.
What are the notices set out in the Street Works Act 1991?
Section 5A
- 3 months notice for major works
Section 55
- 10 day notice prior, confirming start date
Section 55
- 1 day works or 3 day works.
What powers for access do electricity companies have under the Electricity Act 1989?
Access for Installation, Investigation and Surveys
How would someone establish a prescriptive right?
They must have exercised the right for at least 20 years without interruption They must not have exercised the right by stealth or with any consent.
How would you register a prescriptive right?
Apply at Land Registry
What powers does the Gas Act 1986 (1995) give to utility companies?
Access for Installation, Investigation and Surveys
What schedule provides Gas companies to acquire land or rights over the land?
Part 1, Schedule 3 allows public gas transporters the powers to acquire land or the rights over land
What schedule governs replacement and repair under the Gas Act?
Paragraph 27, schedule 2 - 7 Day notice
What schedule allows compensation under the gas act?
Section 7, Schedule 3 for compensation rights
How would gas companies lay new pipes?
Through a CPO order or negotiation with land owner.
How would an electric company obtain a necessary wayleave?
Under Paragraph 6, Sched 4 the licence holder can give notice for the grant of a necessary way leave.
What are the survey notices under the Electricity Act 1989?
Under paragraph 10, sch 4 they must provide 14 days notice.
Notices for repairing or altering equipment under the Electricity Act 1989?
under para 6 sch 5, they must serve 5 days notice.
Notice period for felling or lopping trees under the electricity act 1989?
Under para 2, sch 9 they must give 21 days notice.
What can an electricity company serve to repair/replace when a landowner cannot be identified?
A public notice under Para 7 sch 6 for 14 days prior to works.
what is OFCOM?
The office of communications.
- Regulates competition authority for broadcasting, telecommunications and postal industries of the UK.
What does OFCOM do?
sets out regime that governs the rights of designated electronic communications operators to facilitate the installation and maintenance of electronic communications networks on public and private land
What is a compound licence?
Usually put in place with utility works to facilitate machinery holding areas including welfare facilities etc.
What can be charged for a compound licence?
- Licence fee
- Over run fee
What are the general terms for a compound licence?
- Licensee & licensor
- license period
- commencement date & term
- licence fee
- area
- permitted use and hours
- accommodation works
- plan
- reinstatement
- Agents fees
- Other matters
How would you calculate a compound fee?
Based on Comparable evidence, usually on a weekly basis with over run clause.
What is a recognition payment?
A Payment to the landowner based on how much the value of the land is depreciated by the presence of the pipe.
How is a recognition payment worked out?
Generally taken as half the value of the land is affected with the water company specifying the width.
What is the relevant case law for a recognition payment?
St Johns College Oxford vs Thames Water (1990)
- established the principle of 50% of the value of the full working width.
- A landowner can request that the water company removes the pipe if reasonable to do so, i.e. for development. Landowner must cover costs.
What does the Countryside Rights of Way act 2000 grant?
- The public the right to access certain areas of land show on a definitive map.
What is classed as open countryside on a definitive map?
Mountain, Moorland, registered common land, heath etc.
What do definitive maps not apply to?
Pasture, Arable, Park and Gardens.
Horses, Bicycles and other mechanical vehicles.
Standard Heads of Claim?
- Disturbance
- Loss
- Severance and Injurious affection
- Professional and legal fees
- Other Matters
What legislation governs compensation claims?
Land compensation act 1961
What legislation governs rights of way?
Rights of Ways Act 1990
What is the width required for for public right of way?
- 1 metres across field
- 1.5 metres field edge
