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Access And Rights Over Land Flashcards

1
Q

What is a wayleave?

A

A wayleave is an agreement between a landlord or landowner and a network provider - provides a licence to access land to maintain / install apparatus

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2
Q

What is an easement?

A

An easement is a right that someone holds over land owned by someone else. Easements are attached to the land.

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3
Q

What is the act governing electricity?

A

Electricity Act 1989

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4
Q

What is the act governing water?

A

Water Industry Act 1991

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5
Q

Act governing telecoms?

A

The Telecommunications Act 2021

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6
Q

What is the act governing highways

A

Highways Act 1980

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7
Q

Section / schedule to compulsory acquire land - water

A

Section 155

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8
Q

Section / schedule to compulsory acquire land - electricity

A

Schedule 3 part 1

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9
Q

Section / schedule to compulsory acquire land - gas

A

Schedule 3 part 1

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10
Q

Section / schedule to compulsory acquire land - telecoms

A

Schedule 4 part 3

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11
Q

Section / schedule to install / maintain / repair / alter - water

A

Section 159

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12
Q

Section / schedule to install / maintain / repair / alter - electricity

A

Schedule 4 part 6

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13
Q

Section / schedule to install / maintain / repair / alter - gas

A

Schedule 4 part 7

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14
Q

Section / schedule to install / maintain / repair / alter - telecoms

A

Schedule 2

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15
Q

Section / schedule to enter for survey work - water

A

Section 169

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16
Q

Section / schedule to enter for survey work - electricity

A

Schedule 4 part 10

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17
Q

Section / schedule to enter for survey work - gas

A

None. By negotiation

18
Q

Section / schedule to enter for survey work - telecoms

A

Schedule 4 part 6

19
Q

Pre access procedure

A

Record of condition
Advise diary from client

20
Q

Water industry act 1991 notice periods - new pipe

A

3 months
Section 159

21
Q

Water industry act 1991 notice periods - alter existing pipe

A

42 days
Section 159

22
Q

Water industry act 1991 notice periods - survey work

A

7 days
Section 169

23
Q

Water industry act 1991 notice periods - compulsory purchase

A

Rare
Section 155

24
Q

Water industry act 1991 compensation schedule

A

Schedule 12

25
Q

Example of heads of terms for compensation under schedule 12 of the Water Industry Act 1991

A

Recognition payment (50% mv land under sterilised area)
Payment for any inspection chambers, valves etc
Disturbance - time, additional cultivations, crop loss, loss of future yield, reinstatement
Agents fees
Reservations

26
Q

Electricity schemes - compulsory purchase / acquire rights to land schedule

A

Schedule 3

27
Q

What is a permanent easement

A

Written in deed, successive in title

28
Q

Fixed term easement

A

Good if land has development potential

29
Q

Annual wayleave

A

Terminable, 6-12 months notice

30
Q

Necessary wayleave

A

Expensive for electricity company

31
Q

Electricity Act power to acquire wayleave schedule

A

Schedule 4

32
Q

Electricity Act 1989 compensation under Compensation Act 1973 HOT

A

Easement payment - depends on nature of equipment
Severance / injurious affection (claims to damage on freehold)
Disturbance
Agents fees

33
Q

Notices under Electricity Act 1989 - survey work

A

14 days notice
Must have wayleave / easement to access
Wayleave will detail notice periods

34
Q

Electricity Act 1989 permanent easement schedule

A

Schedule 3

35
Q

Gas Pipe Schemes claims - what act? And what can be claimed

A

Land Compensation Act 1973
Depreciation in value must be due to physic factors - smell; dust; noise; vibration; smoke etc
NOTHING for visual impact
Up to 6 years to claim

36
Q

What are the 3 road scheme main acts?

A

Highways act 1980
Land compensation act 1973/1961
Compulsory purchase act 1965

37
Q

Heads of claim for a road scheme

A

Land taken (rule 2 LCA 1961 - market value)
Severance and injurious affection (s.7 & s.10 CPA 1965)
Home loss payment
Basic loss payment
Occupiers loss payment
Disturbance
Agents fees
Reservations

38
Q

Lift and shift provisions

A

Applicable when agreeing easement for pipelines and cables etc
Allows the landowner to require the authority to move the cables to an alternative route

39
Q

Ways an Easement can be created

A

Express agreement
Implied grant
Prescription (20 years continuous use)

40
Q

Compound licence heads of terms

A

Name and address of licensor
Name and address of licensee
Licence fee
Permission and notices
Rates and outgoings
State of site compound
Access
Gateway
Topsoil
Statutory obligations
Licensors rights
Assignment
Termination
Dispute despoliation procedure
Signing of both parties
Plan

APC (8 decks)

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