Access and rights Flashcards
What stat powers would a water utility provider use?
Water Industry Act 1991
What stat powers would a electric utility provider use?
Electricity Act 1989
How would an acquiring authority take access onto a third parties land to take surveys?
Section 172 of the Housing and Planning Act 2016
Allows acquiring authorities (including statutory undertakers) to enter land for preliminary surveys related to compulsory purchase orders (CPOs).
Requires 14 days’ notice to the landowner.
If entry is refused, the authority can apply for a magistrates’ warrant.
What act governs the telecommunications code
Communications Act 2003
What stat powers would a gas utility provider use?
The Gas Act 1986
Difference between a licence and a lease?
With a lease the tenant has exclusive possession (Street vs Mountford 1985)
What are the 3 things needed to create a lease
- Exclusive possession
- A consideration (rent)
- A defined term
How would you go about valuing an easement
Explain West Essex Solar Easement including with the 3 routes of valuing it being:
- Ransom based on export capacity,
- Area of land occupied value
- Rate per linear metre
How do you value an easement based on export capacity
How did you value an easement based on £ per linear metre
Using comparable evidence
- Could mention Indexing
Characteristics of an easement
- Runs with the land
- Needs a dominant and servient tenement
- Usually permanent
How can easements be created?
3 ways:
- Expressly by deed, statute or by will
- By implied grant
- By prescription
What is an easement by prescription
An easement granted by virtue of uninterrupted use of the property for a certain number of years
What is an easement by implied grant
Based on non-derogation of grant (A person cant give something and then take away the means of enjoying it)
What is an express easement
- Generally must be executed by the grantor (Servient)
- Created on either the transfer of a freehold estate (over land retained by the seller or by the grant of a lease (Over land retained by the servient landowner)
- Express grant over registered land only takes legal effect if it is registered with Land reg
- Express grant over unregistered land takes effect immediately
What are the 4 methods of creating an easement by implied grant
- By reason of necessity
- By common intention of the parties (both parties intended for the land to be used in a certain way, even though the easement wasn’t specifically documented.)
- Under the rule in Wheeldon v Burrows
- Under s.62 Law of Property Act 1925
What is a legal method to acquire rights by prescription
Prescription Act 1832
When might an easement by prescription occur
Occurs when:
- Servient land has been used by dominant owner in a manner capable of existing as an easement
- Use has been without force, secrecy or permission
Can you name some types of easements
- Rights of way
- Rights to services e.g drains, cables etc
- Rights to light
How do water utility providers usually go about acquiring land rights
Mainly rely on pipe laying powers (Section 159 notice allows 3 months notice to lay new pipes)
Will sometimes take easements
How do Gas utility providers usually go about acquiring land rights
Apparatus is mainly held on easements
Often obtained by CPO (Schedule 3 of the gas act)
Schedule 3 provides powers and the detailed procedure that must be followed to carry out compulsory land acquisition.
How do Electricity utility providers usually go about acquiring land rights
Electricity Act 1989, which allow them to obtain access rights over third-party land to install, maintain, and operate essential infrastructure.
- More often land rights are obtained by negotiation
- Sometimes use wayleaves rather than easements
If CPO powers required, can resort to necessary wayleave (Schedule 4 section 1)
What else do utility companies have to rely on?
Steet works powers/street works code - These powers extend to all streets, not just highway.
(New Roads and Street Works Act 1991)
Section 50 provides utility companies with the legal power to carry out works in public streets (such as laying, maintaining, or repairing pipes, cables, and other infrastructure) AFTER obtaining permission from the highway authority.
What is the section of the street works act that utility providers rely on to obtain legal powers
Section 50
What are other relevant sections of the New Roads and Street Works Act 1991
Section 54 (related to “notices of works”):
Section 55 (related to “timing and duration of works”)
Section 64 (related to “emergency works”)
Any key update on stat powers for water?
Water (Special measures) Act 2025
Covers:
- Monitoring of sewage outlets
- Rules on remuneration
- Changes on fines and prosecution for obstruction such as imprisonment
What does section 159 notice of the water industry act allows
Section 159 Notice with 3 months’ notice to lay new pipes; or
Section 159 Notice with 42 days’ notice to alter existing pipes; followed by
A 7 day works notice to follow the above informing the landowner and occupier that entry will be taken within 7 days.
In the event of emergency, no notice will be required.
What does section 161 of the water industry act allow
Section 161 of the Act allows statutory undertakers to apply for an order that authorises the compulsory acquisition of land.
What else do utility companies have to rely on?
In the event that a utilities supplier is required to proceed via the compulsory powers route it will follow the procedure set out in the relevant governing statue (e.g water industry act) and the procedure set out in the Acquisition of Land Act 1981 and Compulsory Purchase Act 1965.
What does schedule 3 of the electricity act 1989 grant?
Schedule 3 addresses compulsory acquisition of land
Section 10 provides the framework for serving notices
What does schedule 4 of the electricity act 1989 grant?
Schedule 4 deals with the rights of entry onto land allows them to acquire land or rights over land, either through negotiation or compulsory purchase.
Necessary wayleave - how can it be obtained?
Schedule 4 section 1 of the 1989 act
What is the notice period of a necessary wayleave
Give written notice to the landowner a minimum of 21 days (If landowner doesn’t grant it after 21 days then can apply to secretary of state)
Talk me through the Acquisition of Land Act 1981 and Compulsory Purchase Act 1965.
Talk me through schedule 2 of the gas industry act
schedule 2 specifically deals with the modification of the powers of compulsory purchase related to gas infrastructure
What does the Gas act also state?
GA 1986 specifically states that it does not provide a Gas Transporter with rights to:
“lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use”.
Land compensation act 1961
Land compensation act 1973
Could you provide an example of when a wayleave might be preferred over an easement or lease in your projects?
A wayleave might be preferred when installing temporary or movable infrastructure, such as overhead electricity lines
What factors would you consider when determining whether a project requires a license, easement, or a more formal lease agreement?
- Duration
- Nature of land use
- Flexibility
How have you applied your knowledge of land rights instruments in a recent project you’ve worked on? Can you walk us through the process you followed?
At Messrs Hill, we needed to gain access to private land for the digging of 4 trial pits over a 48 hour period
A licence was the best instrument in this scenario as it granted temporary permission to occupy and use the land. An easement or wayleave was not necessary as only required for 48 hours
A licence was preferred over a lease due to less legal complexity, and more flexibility. Also less legal fees/documentation
When faced with a situation where you need to obtain land rights for a project, what process do you follow to determine the best course of action?
The first step is to review the project’s requirements to determine the nature and duration of the land use. I then assess the existing land rights through a thorough review of HM Land Registry documents. After identifying the best-fit rights (e.g., easement, wayleave, license), I consult with legal teams to ensure compliance with relevant laws and negotiate with landowners. If necessary, I draft agreements and ensure that all parties understand their rights and obligations.
Can you explain the key steps you followed when negotiating the licence agreement with the landowner’s agent for Network Rail?
The first step was to reach out to the landowner’s agent with a formal request for access, explaining the purpose and duration of the trial pit work. I aimed to open the dialogue by listening to any initial concerns they might have and addressing them upfront. After understanding their position, I negotiated the terms, particularly the access payment and trial pit fees, ensuring that both parties were clear on their responsibilities. Once we reached a mutual agreement, I drafted the necessary paperwork, sent it to my client for approval, and then returned a signed copy to the landowner’s agent.
What was your approach to ensuring effective communication with the landowner’s agent during the negotiation process? How did you manage their concerns and ensure a positive outcome?
I focused on maintaining open, transparent, and professional communication throughout the process. I acknowledged their concerns regarding the access and made sure to respond promptly to any queries or requests. I kept them informed of the progress at every stage
How did you determine the £350 fee for the trial pits and the access payment of £50? Were there any particular factors you took into account when negotiating the fees?
The fees were negotiated based on the nature of the work and industry standards. For the trial pits, I considered the amount of disruption caused, the temporary nature of the access, and the costs typically associated with similar operations. The £50 access fee was relatively standard, given the short-term access and minimal disruption.
In the negotiation process, you agreed to review crop loss at the end of the licence. How did you plan to assess crop loss at the end of the project, and how would you manage any disputes regarding this issue?
I planned to assess crop loss through a site inspection at the end of the work to quantify any damage caused. If any loss or damage to crops was identified we would investigate and calculate the crop loss percentage, this is done by subtracting the actual yield from the expected yield then divide by the expected yield, and multiply by 100.
This will give you the estimated loss of crops % which you can then multiply by the market value of that crop
What steps did you take to ensure that the necessary paperwork was correctly prepared, signed, and returned to both your client and the landowner’s agent?
I ensured the paperwork was drafted in compliance with legal requirements and clearly outlined the terms of the licence agreement. After finalizing the terms with the landowner’s agent, I sent the documents to my client for review and signature. Once signed by my client, I returned the completed documents to the landowner’s agent.
With Greenmeadow wood easement, was there an alternative to providing fortified crossing points
- Loss of income from stalled business operations
- Lift and shift
Why was a one-off capital payment chosen for this easement agreement, and how does this compare to alternative forms of compensation
A one-off capital payment was chosen because it provided a clear and final resolution to the matter, allowing both parties to avoid ongoing financial obligations or administrative management
How was the consideration payment decided?
Percentage of value of the land (A working forest)
- stokes v cambridge
- comps of working forest land
Can you walk us through the three methods you used to value the easement in the West Essex solar development? Why did you choose these specific methods?
I used three valuation methods to determine the easement’s value:
(1) Area of land occupied value, which assesses the land’s size;
(2) Export capacity, which reflects the value based on the energy output to the grid; and
(3) Rate per linear meter, which measures the value based on the length of the route.
How did the export capacity value impact the overall valuation? Why did you decide that the true value of the easement would lie within a specific range?
The export capacity provided the highest value of £320,000. However, I advised my client that this figure did not represent the true value of the easement because it didn’t account for the availability of alternative grid connection options for the developer. The actual value, therefore, would lie within a more reasonable range of £10,000 to £12,000, considering the developer’s other potential options and the rate per linear meter approach.
How did the fact that the valuation was exempt from the RICS Red Book affect the way you approached the valuation report?
Since the valuation was exempt from the RICS Red Book VPS 1-5. This gave me more flexibility in providing a range of values suited to the negotiation process, rather than a fixed figure. Despite this, I ensured that my valuation remained impartial, objective, and grounded in relevant market data and the developer’s specific project constraints.
How did you approach presenting a range of values to your client? What was the strategy behind advising a range between £10,000 and £12,000?
The range between £10,000 and £12,000 was based on the rate per linear meter method, which seemed most reflective of the easement’s true value, given the project’s flexibility in terms of connection alternatives.
Notice procedures of the acts?
Can you talk me through Wheeldon vs Burrows
This case states that when a piece of land is divided into parts, any rights that were enjoyed by the seller over one part of the land for the benefit of another part will not automatically become legal easements unless:
They are continuous and apparent (e.g., visible and regularly used features like a pathway or drain).
They are necessary for the reasonable enjoyment of the property being sold.
They were being used at the time of the sale for the benefit of the land being transferred.
What part of the gas act 1986 deals directly with CPO?
Section 10 outlines the specific provisions for cpo if required
