Access And Rights Over Land

Question 1

What is registration legislation?

Answer 1

The land registration act 2002

Question 2

What is water legislation ?

Answer 2

Water industry act 1991 (strong powers)

Question 3

What is the power/ Electricity legislation?

Answer 3

Electricity act 1989

Question 4

Power legislation and types of access?

Answer 4

Electricity act 1989, access via easement or by agreement

Question 5

What is the Gas legislation? and Type of agreement?

Answer 5

Gas act 1986 – voluntary deed easement

Question 6

What is the Pipelines legislation?

Answer 6

Pipeline Act 1962

Question 7

Are you aware of any Communication legislation?

Answer 7

Electronic communications code

Question 8

Are you aware of any CPO legislation?

Answer 8

Compulsory purchase act, 1965

Question 9

Powers of entry sections and legislation for Water Act?

Answer 9

-

Question 10

Water act? Access to construct? Notice period?

Answer 10

Access to construct S159
3 month notice period

Question 11

Water act? Access for routine maintenance? Notice period?

Answer 11

Section 159,42 day notice period

Question 12

Water act? Investigation? Notice period?

Answer 12

Water industry act, 1990 s162 7 day notice

Question 13

What warrant would be granted for water if access refused?

Answer 13

Magistrates warrant

Question 14

What would be needed for pipelines over a certain distance? What is the distance?

Answer 14

Environmental impact assessment over 5 km pipeline

Question 15

How old compensation be assessed water?

Answer 15

Schedule six water industry act
Freehold, appreciation, crop last, reinstatement, disturbance

Question 16

What are agents fees based on water?

Answer 16

Rydes scale + agents fees

Question 17

What is the power act?

Answer 17

Electricity act, 1989

Question 18

What is the power act and how are agreements usually reached?

Answer 18

Electricity act 1989, access and agreements by agreement, statutory rights, limited hard to get necessary way leaves

Question 19

What is a necessary way leave

Answer 19

Agreement which cannot be reached by negotiation option for statutory procedure

Granted, by Secretary of State, typically 14 year period

Question 20

How can you do statutory consenting process to install and keep overhead electric lines?

Answer 20

Section 37 of the electricity act, 1989

Question 21

How are agents fees calculated for power?

Answer 21

Rydes scale

Question 22

What is gas legislation called?

Answer 22

Gas act, 1986

Question 23

What happens with gas agreements?

Answer 23

Usual practice two invite voluntary deed of easement

Question 24

How did temporary works work for gas?

Answer 24

Temporary occupation for maintenance payment/week of occupation

Question 25

How are voluntary easement calculated?

Answer 25

Standard easement payment based on 80% of open market value

Question 26

What is a way leave?

Answer 26

- The right is connected to owner/occupier - Can be terminated by either party. - Right to lay cable/ pipe - Annual payment - Can be Termed/ Annual

Question 27

What is an easement?

Answer 27

- Permanent access agreement - Lies with land and stated in title. - One off payment when apparatus installed. - Gives rights to access and maintain. - Restricts, what can be built over apparatus?

Question 28

What does an agent consider before works?

Answer 28

Access route to minimise impact Environmental and planning constraints. Site compound locations Site investigation, intrusive and nonintrusive Schedule of condition to record pre-entry

Question 29

Agents role during construction ?

Answer 29

Monitor compensatable events. Site visit to check works.

Question 30

Agents roll after construction?

Answer 30

Reinstatement snagging Soils Cultivation and receding. Landscaping Permanent fencing

Question 31

Agents rule during compensation assessment?

Answer 31

Standard heads of cleans Freehold appreciation how much land value reduced Crop loss. Area X yield X price. Grass £250 silage 450 Disturbance, time, agents fees, reinstatement

Question 32

What rights does a client have to put a pipeline in a field?

Answer 32

Rights to learn, maintain S159 water industry act 1991

Question 33

What are the standard heads of claim for a utility project affecting agricultural land?

Answer 33

Freehold, appreciation, crop loss, disturbance and reinstatement

Question 34

What did you agree before Work started to minimise the effect of the project on your clients land?

Answer 34

Route, selection and accommodation works

Question 35

What steps did you take to resolve a claim?

Answer 35

Alternative dispute resolution, upper chamber

Question 36

What must be followed for a notice of entry?

Answer 36

Must follow schedule 20 procedure

Question 37

What must be a follow for compensation?

Answer 37

Water resources act 1991 duty to compensate schedule 21

Question 38

Who can’t you serve a notice of entry on Environment Agency?

Answer 38

Water resources act 1991, schedule 22 protected undertakers

Question 39

What is a backup act for the environment agency?

Answer 39

Section 37 environment act 1995 to do anything to facilitate functions

Question 40

What is the act about having to register land?

Answer 40

The land registration act 2002

Question 41

Where could you find dispute resolution systems for accessing rights of a land?

Answer 41

Utilities often refer to this under codes of practice

Question 42

Main points when considering compensation?

Answer 42

Client no worse after the scheme number for Schedule of condition damages assessed compensation, clients time as well as reasonable surveyor and legal fees. Surface damage compensation

Question 43

How is water compensation assessed in what act is this?

Answer 43

We leave water industry act 1991, assist, 50% of market value of land taken

Question 44

 What is the main case for easements?

Answer 44

Ellenborough Park 1956 4 essential characteristics of an easement 1.must be dominant and servient tenement. 2.easement accommodates dominant tenement 3. Dominant and servient owners different people. 4. right, must be capable of forming the subject matter of a grant.

Question 45

What is the difference between an easement in a way leave?

Answer 45

Easement right that Sunday holds over land owned by someone else attached to land normally created by Dede may be registered on title. We leave agreement between landowner or occupier and third-party committing a party to do something.

Question 46

Name three methods of dispute resolution?

Answer 46

Mediation and arbitration expert witness

Question 47

What are all legislations and dates to know

Answer 47

1965- cpo 1986 - gas act 1989 - electricity act 1991 - water industry act 1991 - water resources act 1995 - the environment act 2002 land registration act