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