Access And Rights Over Land Flashcards
What is registration legislation?
The land registration act 2002
What is water legislation ?
Water industry act 1991 (strong powers)
What is the power/ Electricity legislation?
Electricity act 1989
Power legislation and types of access?
Electricity act 1989, access via easement or by agreement
What is the Gas legislation? and Type of agreement?
Gas act 1986 – voluntary deed easement
What is the Pipelines legislation?
Pipeline Act 1962
Are you aware of any Communication legislation?
Electronic communications code
Are you aware of any CPO legislation?
Compulsory purchase act, 1965
Powers of entry sections and legislation for Water Act?
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Water act? Access to construct? Notice period?
Access to construct S159
3 month notice period
Water act? Access for routine maintenance? Notice period?
Section 159,42 day notice period
Water act? Investigation? Notice period?
Water industry act, 1990 s162 7 day notice
What warrant would be granted for water if access refused?
Magistrates warrant
What would be needed for pipelines over a certain distance? What is the distance?
Environmental impact assessment over 5 km pipeline
How old compensation be assessed water?
Schedule six water industry act
Freehold, appreciation, crop last, reinstatement, disturbance
What are agents fees based on water?
Rydes scale + agents fees
What is the power act?
Electricity act, 1989
What is the power act and how are agreements usually reached?
Electricity act 1989, access and agreements by agreement, statutory rights, limited hard to get necessary way leaves
What is a necessary way leave
Agreement which cannot be reached by negotiation option for statutory procedure
Granted, by Secretary of State, typically 14 year period
How can you do statutory consenting process to install and keep overhead electric lines?
Section 37 of the electricity act, 1989
How are agents fees calculated for power?
Rydes scale
What is gas legislation called?
Gas act, 1986
What happens with gas agreements?
Usual practice two invite voluntary deed of easement
How did temporary works work for gas?
Temporary occupation for maintenance payment/week of occupation
How are voluntary easement calculated?
Standard easement payment based on 80% of open market value
What is a way leave?
- The right is connected to owner/occupier
- Can be terminated by either party.
- Right to lay cable/ pipe
- Annual payment
- Can be Termed/ Annual
What is an easement?
- 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?
What does an agent consider before works?
Access route to minimise impact
Environmental and planning constraints.
Site compound locations
Site investigation, intrusive and nonintrusive
Schedule of condition to record pre-entry
Agents role during construction ?
Monitor compensatable events.
Site visit to check works.
Agents roll after construction?
Reinstatement snagging
Soils
Cultivation and receding.
Landscaping
Permanent fencing
Agents rule during compensation assessment?
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
What rights does a client have to put a pipeline in a field?
Rights to learn, maintain S159 water industry act 1991
What are the standard heads of claim for a utility project affecting agricultural land?
Freehold, appreciation, crop loss, disturbance and reinstatement
What did you agree before Work started to minimise the effect of the project on your clients land?
Route, selection and accommodation works
What steps did you take to resolve a claim?
Alternative dispute resolution, upper chamber
What must be followed for a notice of entry?
Must follow schedule 20 procedure
What must be a follow for compensation?
Water resources act 1991 duty to compensate schedule 21
Who can’t you serve a notice of entry on Environment Agency?
Water resources act 1991, schedule 22 protected undertakers
What is a backup act for the environment agency?
Section 37 environment act 1995 to do anything to facilitate functions
What is the act about having to register land?
The land registration act 2002
Where could you find dispute resolution systems for accessing rights of a land?
Utilities often refer to this under codes of practice
Main points when considering compensation?
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
How is water compensation assessed in what act is this?
We leave water industry act 1991, assist, 50% of market value of land taken
 What is the main case for easements?
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.
What is the difference between an easement in a way leave?
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.
Name three methods of dispute resolution?
Mediation and arbitration expert witness
What are all legislations and dates to know
1965- cpo
1986 - gas act
1989 - electricity act
1991 - water industry act
1991 - water resources act
1995 - the environment act
2002 land registration act
