Access and Rights Over Land Flashcards
What are the differences between a Wayleave and an Easement? How does the compensation differ?
Wayleave - an agreement between the landowner and a third-party/operator allowing them to lay and maintain apparatus on the land. It is usually terminable and the landowner is compensated annually by payments based on the apparatus that is on the land (i.e. pole, stay etc)
Easement - a right that a third party/operator holds over the land itself, allowing them the right to lay and maintain apparatus (regardless of the owner of the land). It usually can’t be terminated and compensation is paid in one instalment. It is based on the depreciation of the value of the land (usually 50% value of vacant possession). Furthermore, an easement must directly benefit another parcel of land.
What is a Section 31(6) Application and what legislation is it under?
The Highways Act 1980.
Provision to alter/help protect landowners from claims for Public Rights of Way by depositing a map, statement and declaration with the Local Authority (Rights of Way Team).
What legislation governs the right to access a neighbours property?
Access to Neighbouring Land Act 1992
How might access be granted to a neighbour and what for?
Access can be granted formally with an ‘Access Order’ that allows a neighbour to carry out essential works to their property only.
This includes tree felling, sewage treatment maintenance and other repairs.
What does the Land Compensation Act 1961 state?
That in the event of compulsory purchase the landowner is to be reimbursed for not only the value of their land as it stands but also for the potential future use of the land. CONSIDERATION PAYMENT AND COMPENSATION PAYMENT
What is the legislation governing the laying of fibre optic / telecommunications?
The Electronic Communication Code 2017 (under the Digital Economy Act 2017).
How is the compensation for the ECC determined?
The new ECC sets out that the rent is to be agreed via a ‘no scheme’ valuation which is based on the value of that land to the landowner and NOT the operator.
Main changes in the new code?
The new code implements:
- Changes to the compensation (value to landowner NOT operator)
- Inability to contract out of the code
- More efficient dispute resolution procedures
- Operators no longer need to seek consent to upgrade the apparatus
- Only protected under the code provisions and not the security of tenure under the 54 act
How can an agreement under the ECC be terminated?
Landowners can terminate the agreement by serving a Notice under Paragraph 31 of the ECC - they must provide minimum 18 months notice. This can only be done if they have grounds to terminate, including landowner seeking to redevelop or sell - or if the operator has failed to pay the rent/maintain the site.
