Access and Rights L1 Flashcards
Common rights related to easements
Right to lay, install, maintain, replace or repair infrastructure
Define an Easement
A right benefiting one piece of land which is enjoyed over another piece of land, between a dominant and servient landowner. Known as Deed of easement. Proprietary right as remains binding on title even if the land is sold, in perpetuity.
Describe dominant and servient landowners
Dominant landowners - receives benefit of easement right
Servient landowners - bears the burden of the easement
How is easements compensated
Under CPO code - land taken, injurious affection and disturbance
What are accommodation works
These are works which the AA may carry out in order to reduce the effect of severance or injurious affection on land and therefore, compensation that would otherwise be payable. For example, new access roads to a severed field. Landowner cannot be compelled to accept accommodation works on
retained land– but is required to act reasonably in mitigating his loss
What is a wayleave
An Agreement under which a landowner grants permission to use land for specified activities such as rights of way, rights to construct etc. A terminable licence, not a proprietary right. Not binding on successors – stays with the landowner rather than the land.
Usually for a fixed term, not in perpetuity. Annual rent / compensation not usually paid.
Differences between wayleave and easements
A wayleave is an agreement with the landowner for rights and not registered on the land title. It does not get passed from landowner to landowner. An easement are permanent rights on the land.
An easement is usually a one-off payment which is a lot more than a wayleave.
An easement is on the land title and is in perpetuity and does not end when land is transferred / landowner dies.
A wayleave can become an easement but not the other way round.
What is a license
An agreement between the licensor and licensee to carry out a specific type of work. It is between a Licensee and a Licensor. It is usually a one off payment for the works. It does not provide exclusive possession on the land. It is not a registered interest. Not registered on land title
Describe recent case law in respect to Easements?
Stokes v Cambridge 1961 - A claim for compensation for land under a CPO. Access to land was a ransom strip. The court held that an appropriate purchase price was to be attributed to the ransom strip was 1/3 of the increase in value of the subject land attributable to the acquisition of the ransom strip.
What is a land title
A registered interest in the land which incorporates all restrictions on the land, the registered proprietors details as well as leasehold interests on the land.
What are restrictive covenants
Legal agreements made on the land which benefits the landowner. Normally outlined on land register
What is a deed of grant
A legal document used to transfer rights from one landowner to another.
When do wayleaves terminate
Grantor of wayleave dies, ceases to own land or grantor permits another to occupy land with a superior interest
How are wayleaves created
Implied, expressed or statutory
Define expressed wayleaves
Have specific terms agreed, usually in a deed, signed by both parties. Law of Property (Miscellaneous Provisions) Act 1989 indicates formalities to create a deed
Implied wayleaves
Previous owner sold the land (transfer of title), landowner has died under a gift by will or on the grant of the lease. Payment made from license holder to landowner
Define Statutory Wayleaves
Determined by SoS for the Department of Business, Energy and Industrial Strategy, Wayleave hearing, and 15 year right, recorded on title. Usually for installing equipment without agreement of the landowner. Normally try to negotiate voluntary agreement prior
How are easements created
Expressed Grant by Deed, Implied Grant or uninterrupted use of property (prescriptive rights)
Describe expressed grant easements
Deed executed by grantor (servient landowner) and created by registering on title
Describe implied grant easements
by reason of necessity, usually land locked parcels and right of way cases
Under rule in Wheeldon v Burrows - if some land is split / sold, rights passed to new landowner (quasi easements)
Under s62 of Law of Property Act 1925 - deems the necessary words to be expressed on title
Describe prescriptive easements
- exercising a right for a long time, without interference, should be capable of legitimisation
- Arises when servient land has been used by dominant owner in manner capable of existing as an easement. Use without force, secrecy or permission
- Prescription Act 1832 / Doctrine of lost modern grant
