Access and Rights Over Land Flashcards

1
Q

What are the key difference between the Sewage (Scotland) Act and the Water (Scotland) Act?

A

In Water Scotland Act 1980, SW have liability for bursts as they control what is in pipes whereas in sewage pipes they do not, therefore no liability

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2
Q

What section in the Land Reform (Scotland) Act 2003 refers to public access rights?

A

Section 7

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3
Q

What are your heads of claim?

A

Losses
Reinstatement
Clients time/Disturbances
Injurious affection

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4
Q

What was involved in your claim for the overland sewer?

A

Losses - losses for grazing and BPS

Clients Time - for various meetings on site

Disturbances - for having to go further out the way to move sheep into field behind works

Re-instatement - ploughing, power harrowing, rolling, grass seed, de stone, additional spray for weeds

Injurious Affection - negative impact on land value

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5
Q

Which Schedule in the Electricity Act 1989 gives License Holders the compulsory purchase powers to install new power lines?

A

Schedule 3

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6
Q

Which Schedule in the Electricity Act 1989 regulates existing power lines?

A

Schedule 4

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7
Q

Under which Schedule of the 1989 Act can an electricity provider force a necessary wayleave?

A

Schedule 3 and 4 (depending if new or existing)

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8
Q

Tell me about necessary wayleaves

A
  • Applied for when parties cannot come to a consensual agreement
  • 21 day notice served to landowner
  • Application sent to Scottish Ministers
  • More expensive and time consuming than consensual agreement
  • Generally last 15 to 40 years
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9
Q

How long would you expect a necessary wayleave under the Electricity Act 1989 to last?

A

40 years

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10
Q

Which section of the Water (Scotland) Act 1980 allows landowners to claim compensation?

A

Section 10

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11
Q

Which section notice would SW issue under the Water (Scotland) Act 1980 to advise landowners they intend to carry out investigation works?

A

Section 16

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12
Q

Which section notice would SW issue under the Water (Scotland) Act 1980 to advise landowners they are installing a new pipeline?

A

Section 23

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13
Q

Which section notice would SW issue under the Water (Scotland) Act 1980 to advise landowners they are going to access and carry out works to existing pipes?

A

Section 38

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14
Q

Which section notice would SW issue under the Sewage (Scotland) Act 1968 to advise landowners they are going to access and carry out works to existing pipes?

A

Section 48

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15
Q

Which section of the Sewage (Scotland) Act 1968 allows landowners to claim compensation?

A

Section 20

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16
Q

Which section notice would SW issue under the Sewage (Scotland) Act 1968 to advise landowners they are carrying out new works?

A

Section 3

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17
Q

Which act regulates the gas board in Scotland?

A

Gas Act 1989

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18
Q

Which schedule of the Gas Act 1989 refers to new mains being installed?

A

Schedule 3

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19
Q

What would be your reservations on a claim?

A

Reservations:
Future losses
Agents fees and disbursements
Drainage
Rights to alter claim until settled

20
Q

What is the difference between Network Rail and other utility providers?

A

NWR have much less statutory powers therefore cannot force access in the same way as other utilities so you can charge more for their access

21
Q

What are the key differences between a wayleave and a servitude?

A

A wayleave is a contract between a land own/occupier which gives a third party a right of access across land to install and maintain infrastructure. This is a temporary agreement that must be re-negotiated with the new land owner/occupier upon sale of the land.

Whereas a servitude is a permanent agreement tied to the land title in perpetuity and is transferred to a new owner if the land is sold.

22
Q

How much would you expect for a Scottish Water compound per week?

A

£300 - £800

23
Q

How much would you expect for a borehole payment?

A

£250

24
Q

What documents would you expect to see prior to contractors taking access to your clients land?

A

RAMS
Accommodation of Works
Signed license
Photographic record of condition

25
Q

What would you expect to see outlined in Accommodation Works?

A

Access routes
Fencing requirements
Bio-security measures
Agri compliance measures
Protection of boundary fences and dykes
Track matting to be laid
Ensure site will be cleared of rubbish
Drainage matters
Speed limit on site
Works commencement date to suit the farming operations
Livestock precautions

26
Q

How would you calculate a crop loss claim?

A

Measure area impacted
Identify crop in the field (or what would have been)
Calculate projected yield for the grain and straw for the crop
Check current price per tonne for grain and straw
Multiply area by expected yields by market price

27
Q

How did you value the injurious affection payment for the Overland Sewer?

A

Assess the market value of the land with and without the sewer and the payment is the difference, generally 80% of ag value

28
Q

For what reasons can a landowner use a Section 11 form to temporarily close a core path?

A
  1. Paid event
  2. Safety and security during event
  3. Prevent public interference
29
Q

Would you take a deposit from a commercial tenant such as the dog park tenant?

A

You can but I didnt from the dog park tenant as they had invested a lot of money in moving site having to install new fences, create a car park and apply for PP

30
Q

Tell me about Rights of Way

A
  • must run from one public place to another
  • must follow a defined route
  • must be on the assumption of right, not based on express or implied consent
  • must have been used for 20 years
31
Q

Who is responsible for Rights of Way?

A

Local Planning Authority are responsible for making sure they do not become obstructed and can maintain them

32
Q

What section of the Act prevents farmers from putting a bull in a field with a Right of Way?

A

Section 44

33
Q

Is there a way of removing a Right of Way?

A

Can be re-directed for example round a farmyard
Can extinguish if you get planning for that land but must provide a new access

34
Q

Tell me about public access rights?

A

The general public in Scotland can access all land in line with the responsible access guidelines as outlined in the Scottish Outdoor Access Code

With the exemptions of
- private houses and gardens
- industrial land
- visitor attractions with admission fee
- field with growing crops (field margins ok)
- recreational pitches inc golf courses
- farmyards

35
Q

Are public access rights the same for pedestrians, vehicles and horse riders ?

A

Public access rights are only for pedestrians, cyclists and horse riders etc - not vehicles

36
Q

Can the public take access across stubble and grass fields?

A

Yes apart from when the grass is at a late stage of growth

37
Q

Which Part of the Scottish Outdoor Access Code refers to Exercising Access Rights Responsibility?

A

Part 3

38
Q

What is the difference between a Core Path and a Right of Way?

A

Core paths have an extra level of legal protection, as authorities have powers to keep these paths free from obstruction, even if landowners refuse to take action.

39
Q

What rights do SW have to access your clients land with the overland sewage pipe?

A

They have Statutory Powers under Section 3 of the Sewerage (Scotland) 1968 to take access to install a new sewer, on, over or under land.

The landowner can object, and if after 2 months they have not lifted their objection, Scottish Water must submit a summary application to the sheriff who can grant permission.

40
Q

What statutory powers do network rail have? How did you calculate the license fee for the emergency access?

A

Network Rail don’t have the same Statutory Powers that SW, SGN, SPEN etc have therefore they cannot force you to allow access on their land.

NWR regularly took access to the bridge in question so I considered the license fee we charged them last time and inflated this based on the last minute nature of the access

41
Q

What would you do if people ignore your S11 closure of the core path?

A

We did face this situation

It was an army event therefore there was soldiers on the gates to manage these people

If no soldiers, the people are in breach of Scottish Outdoor Access Code and therefore illegally entering the property.

Civil matter as Scottish Outdoor Access Code is under civil law that cannot generally bring criminal convictions

42
Q

How did you agree your fee for dealing with the emergency access for NWR?

A

My firm have an agreement with NWR that the fees are paid at Rydes+50 for license fees and comp claims

43
Q

What is a client mandate?

A

Client confirming they are agreeable to firm accepting money on their behalf and deducting fee from payment before it transferring to client

44
Q

What is a servitude?

A

A heritable right that allows someone to use another person’s land in a specific way. They are tied to the land title in perpetuity.

45
Q

What is a wayleave?

A

A wayleave is a contractual agreement between a licensor and licensee that allows the licensee to install, access and maintain equipment on or under the land.