Access and rights Flashcards
When is the Electricity act?
Electricity Act 1989
What is a wayleave
o Most common wayleave
o If older than 10 years, the agreement is usually personal to the landowner at the time. Newer wayleaves may seek to bind subsequent owners for a fixed term, however no immediate legal right to this.
what is a Servitude
An agreement to keep apparatus in situ on a permanent basis – within a property Title.
Gives the license holder the power to erect, maintain, repair, renew and replace the apparatus on the land.
Statutory compensation for crop losses, surface damage and disturbance.
Wayleave right to compensation
o Wayleaves (Schedule 4): -
No reference to the Land Compensation Act in Schedule 4 but it is widely thought that compensation in respect of wayleaves is based on the rules of equivalence, as confirmed in the case of Macleod v. National Grid 1998.
Servitude right to compensation
Servitude (Schedule 3): - Usual heads of claim – • Land taken • Severance & injurious affection • Disturbance If lines were constructed prior to Land Compensation Act (Scotland) 1973, an IA claim can only be submitted for apparatus crossing the property – not for the presence of apparatus on neighbouring property under separate ownership.
If no wayleave in place
If no wayleave in place, you my be able to claim up to 5 years backdated annual payment
Heads of Claim for Damages following Access: -
- Crop Loss – arable/grazing losses
- Reinstatement
- Disturbance
- Farmers time
• Reservations:
o Future & consequential losses
o Drainage
o Agents fees
o Right to add to, alter or amend claim until settlement arrived at
o BPS losses
o Any other specific item relating to claim
When was the water Scotland act
water (scotland) act 1980
sections of the Scottish water act 1980
Section 10 - Compensation
Section 16 – Notice for investigatory works (14 days followed by S38 notice of entry)
Section 23 – Notice for new pipe (2 months objection period followed by S38 notice of entry)
Section 38 – Notice of entry (24 hours)
water (Scotland) act 1980 section 23 notice -
If the landowner does not object to the notice within 2 months’ then the work can go ahead.
Rights to object -
1. There has been no prior discussion with our client regarding the location of hydrants, air valves, washout chambers, sluices etc., some of these could be relocated to mitigate the impact on our client’s land
- Access is of critical importance to our client’s business and you have not provided any details of how this will be facilitated. .
- We note that drainage plans for the site have not been provided. Please provide pre-installation and post-installation drainage plans so that we may approve or amend the plans and ensure that they are fit for purpose..
- Very little detail has been provided to our client about the pipe works, some of these works could impact on our client’s business therefore we request for more details to be provided about the works that are going to be undertaken.
If the work is subject to an objection, and an agreement between the parties cannot be reached, Scottish Water must apply to the sheriff for permission to carry out the work. Sheriff may grant full permission for the work or impose conditions.
water (Scotland) act 1980 section 38 notice -
Gives Scottish Water the right to cross or access land in order to carry out maintenance works upon serving a S.38 notice
Notice must be given to the occupier no less than 24 hours prior to access being taken
water (Scotland) act 1980 section 10 notice -
o Section 10 – Compensation must be made for any damage resulting from the work being carried out
Claims must be submitted within 24 months
When was the sewerage act in Scotland
Sewerage (Scotland) Act 1968
Sewerage (Scotland) Act 1968 section 3 -
Section 3 – Gives Scottish Water the right to cross or enter land in order to lay a new pipe upon serving a S.3 notice
If the landowner does not object to the notice within 2 months’ then the work can go ahead.
If the work is subject to an objection, and an agreement between the parties cannot be reached, Scottish Water must apply to the sheriff for permission to carry out the work. Sheriff may grant full permission for the work or impose conditions.
Sewerage (Scotland) Act 1968 section 48 -
Section 48 – Gives the utility company the right to cross or access land in order to carry out maintenance works upon serving a S.48 notice
If the landowner does not object to the notice within 14 days’ then the work can go ahead.
If the work is subject to an objection, and an agreement between the parties cannot be reached, Scottish Water must apply to the Secretary of State for permission to carry out the work. SoS may grant full permission for the work or impose conditions
