Access and rights Flashcards
What is a wayleave?
A temporary right with an annual payment.
The right for a company to install and maintain their apparatus (often used by utility companies).
It is personal to the company.
Doesn’t need registering
Terminable and does not run with the title.
What is a necessary wayleave?
A necessary wayleave is a statutory right that allows electricity and telecom companies to install and maintain equipment on private land, even if the landowner does not give permission.
A compulsory right granted by the government.
What is an easement?
A permanent right for a capital payment
It can be registered
(1) There must be a dominant and servient tenement.
(2) The easement must accommodate the dominant tenement.
(3) The dominant and servient tenements must be owned or occupied by different persons.
(4) The right claimed must be capable of forming the subject matter of a grant
What is the difference between a wayleave and an easement?
An easement is a permanent agreement that runs with the land and is binding with the successors.
A wayleave is a terminable agreement and does not run with the title.
What case law sets out the characteristics of an easement?
Ellenborough Park [1956]
What did Ellenborough Park [1956] establish?
Established the requirements for a right over land to amount to a valid easement
What is a licence agreement?
A licence is an agreement between two parties giving permission to make it lawful to use the land.
A licence is a personal right that cannot be assigned.
What are statutory frameworks?
Sets of laws created by an act of parliament (statutes) that establish rules, duties, and powers in specific areas.
What is the Electricity Act 1989?
UK law that provides the legal framework for the supply of electricity in Great Britain.
What section of the Electricity Act 1989 talks about the powers to acquire rights?
Section 10 and Schedule 3 of the Act
What does section 10 of the Electricity Act 1989 talk about?
Section 10 specifically grants statutory undertakers (licensed electricity operators) the power to acquire land or easements required for constructing or maintaining electric lines or building associated infrastructure.
The electricity company must serve a notice to the landowner, notifying them of the intention to acquire land or rights.
The landowner has at least 28 days to object
Once the CPO is confirmed by the Secretary of State, the company must serve a notice of entry 14 days before the company takes possession of the land or easement.
What does schedule 3 of the Electricity Act 1989 talk about?
Schedule 3 sets out the procedures and conditions under which an electricity company can exercise compulsory purchase powers.
How would a electricity company go about securing an easement?
- Would try to negotiate a voluntary easement agreement with the landowner.
- If the landowner refuses, the company can use Schedule 3 of the Electricity Act 1989 to compulsorily acquire the easement.
- 28 days notice to inform landowner - Notice of CPO
When would a court order be needed in terms of an easement?
If the landowner physically obstructs the company from entering the land.
What is compulsory purchase?
Compulsory purchase is a legal mechanism allowing certain bodies (acquiring authorities) to acquire land or property without the owner’s consent through statutory powers.
Tell me about the Water Industry Act 1991?
Key piece of UK legislation that consolidates and regulates the supply of water and sewerage services in England and Wales.
Details the powers to acquire land and rights (statutory powers) to build and maintain water and sewerage infrastructure.
What section of the Water Industry Act 1991 talks about the powers to acquire rights?
Section 155
Section 159
Section 181
Schedule 6
Tell me about section 155 of the Water Industry Act ?
Allows water companies to compulsorily acquire land needed for laying pipes or other infrastructure.
The water company must serve a notice to the landowner, notifying them of the intention to acquire land or rights.
The landowner has at least 28 days to object
Tell me about section 159 of the Water Industry Act ?
Gives water and sewerage companies the right to lay, inspect, maintain, and repair pipes, sewers, drains, etc.
3 months notice to lay new pipes
42 days to alter existing pipes
Tell me about section 181 of the Water Industry Act ?
Establishes the framework for compensation when land is compulsorily acquired by a water company.
After the land is acquired, the company must serve a notice of intent to treat (i.e., notify the landowner of their intention to compensate for the acquisition).
The company and the landowner will negotiate compensation for at least 28 days following the notice.
Tell me about schedule 6 of the Water Industry Act ?
Sets out the procedural framework for compulsory acquisition of land or rights, and the steps a water company must follow, from serving notices to taking possession of the land.
How would I know if there are easements, covenants or leases in place in a property?
Check land registry documents
When does a lease have to be registered and what legislation does this come under?
Leases granted for a term of more than 7 years must be registered with HM Land Registry.
Section 27 of the Land Registration Act 2002
Why is some land still unregistered?
Land registration was made compulsory in 1925 in some areas but has been implemented progressively. If the land hasn’t been sold, mortgaged, or transferred recently, it might not have been registered.
How is the Land Registration Act 2002 different to the 1925 one?
Land registration was compulsory in some areas but then it became mandatory for all land transactions and leases over 7 years
Title guarantee was limited which meant a more uncertain ownership whereas in 2002 full title guarantee for registered owners meaning they have the right to sell it.
Guide me through a land registry title document…
Three key sections
A - Property register - describes the land and estate comprised in the title
B - Proprietorship register- specifies the class of title and identifies the owner
C - Chargers register - contains any charges and other matters that affect the land
What does ‘title absolute’ mean?
Highest form of ownership
Gives the owner an unequivocal right of ownership and cannot be disputed or challenged by anyone else
What is the Acquisition of Land Act 1981?
Piece of UK legislation that governs the procedures for compulsory purchase of land
Who can use the Acquisition of Land Act 1981?
Local councils
Government departments
Utility companies
Why is the Acquisition of Land Act 1981 Important?
Provides a clear and structured legal process for compulsory acquisition.
Ensures compensation for landowners.
Would a utility company compulsory purchase land through the Acquisition of Land Act 1981?
It would generally use its own enabling legislation (eg. Electricity Act 1989 or Water Industry Act 1991) together with the procedures set out in the Acquisition of Land Act 1981 (ALA 1981).
What is the Crown Estate Act 1961?
UK law that governs the management of the Crown Estate
What is ‘best consideration’ in terms of the crown estate?
It is a legal obligation for the crown estate to secure the best financial return for the treasury when managing and disposing of assets.
What is the difference between a licence and a wayleave?
A wayleave is a form of licence
A licence is a temporary permission allowing someone to do something on land without creating any permanent interest in it.
A wayleave is a more specific agreement, often related to utilities, that gives a company the right to install and maintain infrastructure on land
How do you terminate an easement?
Agreement to terminate between the parties (using deed of surrender)
Expiration of the easement (if time limited)
The dominant tenement can release the easement through a deed of surrender where the dominant owner agrees to give up the easement.
What are the benefits of an easement?
Regularised - both parties know where they stand
Can not be easily revoked, provides security for the holder
What are the types of easement?
Right of light
Right of support
Right of way
Cables
What is usually included in HoTs for an easement?
Consideration
Access rights
Lift and shift clause
Indemnity
In your fashion shooting licence at Allonby Bay - what due diligence did you carry out?
I used shapefiles to confirm crown ownership on the portfolio viewer and sent for a conflict check from the GIS team (there were no conflicts)
In your fashion shooting licence at Allonby Bay - what sort of terms were there in your licence?
Licence fee - £750 1/2 day rate
Production period - 1/2 day
Overrun provisions
Liability
In your fashion shooting licence at Allonby Bay - what do you mean by ‘best consideration’ as required by the Crown Estate Act 1961?
The Crown Estate Act 1961 is UK law that governs the management of the Crown Estate. It requires the best financial outcome to be secured when managing or selling Crown estate assets.
In your Hayle easement, can you explain your approach to valuing the easement?
I used 3 methods of valuation
Land value - value as amenity land, comps found from online sources (EIG), £2k value
£ per linear metre - CAAV values from 2018 indexed to current period = £330 /m
applied to 130m = £42,900
Wayleave rates - from Energy Networks Association, adopting these rates gave a value of £84
Used the £ per linear metre method as was a comp already used in another deal and produced the highest value for the client.
Tell me about your restrictive covenant valuation with Sheffield City Council…
80 MW BESS scheme
Rent of £2,000 per MW = £160,000 pa
Capitalised this for 40 years at 7% = £2.28 mil
15% ransom = £335,000
Settled at £285,000
What do you mean by ‘diminution in value’ in your Severn Trent easement?
Diminution in value in this instance is the reduction in the worth of my clients asset as a result of the shaft tank being in situ.
What statutory powers could Severn Trent use?
The Water Industry Act 1991
Section 155
What is significant about Crown land in terms of statutory powers?
Crown land is exempt from compulsory purchase powers under the Water industry Act, the Electricity Act and the Land Acquisition Act.
Crown land need voluntary consent for easements.
