Access and Rights Over Land

Question 1

What legislation do Section 31 (6) applications fall under?

Answer 1

Highways Act 1980 for rights of way. Commons Act 2006 if for village greens/commons land.

Question 2

How long do Section 31(6) applications last?

Answer 2

20 years

Question 3

What is the name of the form submitted under Section 31(6) applications and what supporting documents are required?

Answer 3

CA16 form and a plan of a scale at 1:10,000

Question 4

What are the components of a Section 31(6) statement and declaration?

Answer 4

Information relevant to the application/applicant, statement, declaration, additional information and statement of truth. Note the statement and declaration cannot be submitted at the same time.

Question 5

Why are s.31(6)’s important?

Answer 5

They enable landowners to protect their land from gaining public rights of way through use by the public.

Question 6

What are the timings for adverse possession?

Answer 6

10 years for registered land, 12 years for unregistered land.
The applicant must have occupied the land without force, without secrecy and without permission for this period.

Question 7

Outline what you understand from the Telecommunications Code?

Answer 7

The Telecoms Code provides utilities companies with more powers to compulsorily purchase land to put on equipment for the betterment of the telecommunications system nationally.

Question 8

What legislation does trespass/encroachment come under?

Answer 8

Criminal Justice and Public Order Act 1994.

Question 9

What is a boundary?

Answer 9

A line which marks the limits of an area. They can include walls, fences, hedges and trees for example.

Question 10

What are the options available for finalising negotiations on encroachment or trespass?

Answer 10

A garden agreement can be put in place to document the occupation, or if possible a signed letter confirming the occupation. This will stop time running for any potential adverse possession claims.

Question 11

What is a Tree Preservation Order/Green Belt/Conservation Area?

Answer 11

Tree Preservation Order - order made by a local planning authority to protect specific trees, groups of trees or woodlands in the interests of amenity.
Green Belt - policy for controlling urban growth, where development is restricted.
Conservation Area – designation to manage and protect the special architectural and historic interest of a place.

Question 12

What are the required scales for plans submitted to LPAs?

Answer 12

Location plan 1:1,250
Site place 1:500
Drawings 1:50

Question 13

What is the difference between a Wayleave and an Easement?

Answer 13

Wayleave – terminable licence that is linked to the owners of the land not the land itself
Easement – permanent statutory access agreement that relates to the land itself

Question 14

What is adverse possession?

Answer 14

Legal principle that allows a person who possesses the land for an extended period of time to claim legal title.

Question 15

What is encroachment?

Answer 15

Act of gradually entering someone else’s land

Question 16

What is a schedule of condition?

Answer 16

A Schedule of Condition is a detailed recording of a property’s a condition which is retained to use at a future time to establish the previous condition of the premises.

Question 17

What is compensation and how is it calculated?

Answer 17

Compensation is something, typically money awarded to someone in recognition of loss. A claim is calculated using several factors, including area of land, type of land/land use, time effected, reinstatement, professional fees.

Question 18

Outline the Water Industry Act 1991 and the key sections.

Answer 18

The water industry act 1991 (amended 2003) outlines legislation and enforcements relating to the water supply and the provision of wastewater services in England and Wales. It gives water companies the power to acquire and enter land for services.
Key sections include:
S155 – compulsory acquisition of land
S159 – ability to lay pipes in other land (3 months’ notice for new pipes, 42 days to alter existing pipes)
S160 – works for sewerage purposes
S167 – compulsory works order
S168 – entry for work purposes (7days notice for surveys and tests)

Question 19

What are the rights to compensation under the Water Industry Act 1991?

Answer 19

Schedule 6 – right of entry – para 2 outlines compensation available for entry under section 168-172 (available to any person who has sustained loss or damage)
Schedule 11 – compulsory works powers
Schedule 12 – compensation for pipelaying – compensation due for private land due to depreciation in value of land and any loss, damage or disturbance (under sections 159,161 or 163)

Question 20

Where would you go if there was a compensation dispute?

Answer 20

Lands Tribunal under Section 5 of the Land Compensation Act 1961

Question 21

What are Land Registry compliant plans and when are they used?

Answer 21

Must meet certain criteria (e.g. scale, level of detail, orientation) to be accepted by the Land Registry. Plans are required for first registrations, transfers, leases, unusual extents to land (e.g. tunnels).

Question 22

What types of compensation are available to Landlords and Tenants?

Answer 22

It depends on the lease terms.

Question 23

What are included in a Heads of Claim?

Answer 23

Location, area, land taken, acquiring authority, severance, injurious affection, disturbance, accommodation works, crop loss, advance payment and interest, fees, reservation

Question 24

How would you calculate a crop loss claim?

Answer 24

Measuring the affected area and multiply by the amount of income lost per acre or per ha. Either, value of the crop of loss of payments from schemes such as CSS. Include variable costs (e.g. field operations, fertilisers) and reinstatement costs.
Depends on the time of year, if it was a wheat field in May for example, the crop loss will be for the potential value of the crop at harvest. If it was in February, the compensation would be for the work in establishing the winter crop as well as restoring the land, re-establishing a spring crop and any potential income lost as a result of growing a spring crop rather than a winter crop.

Question 25

What scale would you suggest for a plan of a commercial unit in an urban area?

Answer 25

1:250

Question 26

Can you provide me with 3 headings that would make up the compensation claim for your client in Worthing?

Answer 26

• Professional fees
• Disturbance
• Crop loss
• Injurious affection

Question 27

Can you provide me with 3 differences between a wayleave and easement?

Answer 27

Easement relates to the land itself, wayleave relates to the property or landowner.
Wayleave is temporary, easement is permanent
Wayleave is terminable, easement is not.

Question 28

What form must you fill in for a Section 31(6) application?

Answer 28

CA16