Access and Rights Over Land

Question 1

What is a wayleave?

Answer 1

A temporary right which receives an annual payment.
It is personal to the company and cannot automatically be transferred to a new owner.
It is not compulsorily registrable

Question 2

What is an Easement?

Answer 2

A permanent right which receives a one off capital payment.
Easements can also form when continuous uninterrupted access is proven for a period of 20 years.

Question 3

What is a DCO?

Answer 3

A development consent order is a legal instrument that allows for the construction of major infrastructure projects. DCO’s can also give compulsory purchase powers.

Question 4

What is an NSIP?

Answer 4

Nationally Significant Infrastructure Project

Question 5

What legislation governs a DCO?

Answer 5

Planning act 2008

Question 6

How long is a S31 valid?

Answer 6

20 years

Question 7

What notice allows entry of a holding?

Answer 7

Section 159 (notice to enter) provided reasonable notice is given (3 months)

Question 8

What sections provide powers of entry.

Answer 8

Sections 168 - 172

Question 9

How is dispute resolution resolved?

Answer 9

Lands tribunal

Question 10

What is the notice to enter?

Answer 10

Notice served by the acquiring authority to enter the holding. And only be served with or after the notice to treat

Question 11

What is a notice to treat?

Answer 11

A notice served by the acquiring authority to the owner of land. It’s and invitation to negotiate a price for the property

Question 12

What are the Heads of Claim

Answer 12

*market value of land acquired
* reduction in market value of land retained due to the scheme, known as severance and injurious affection
* disturbance compensation to reflect the financial impact of disruption experienced during the works
* statutory payments such as home loss payment, basic, and occupier loss payment where applicable
* professional fees for valuation and legal representation and
* interest on any amounts unpaid since the date of entry.
*Future crop loss
* Reinstatement costs
* Advance payment
* Tenants interest in the holding. Typically 50% of the difference between VP value and investment value

Question 13

What were the heads of claim for your crop loss?

Answer 13

Professional fees
Crop loss
Future crop loss
Disturbance

Question 14

Who sets national grid payment rates?

Answer 14

The Energy Network Association recommends the payment rate to its members which is determined by corresponding with a number of bodies such as the NFU.

Question 15

What is the process of a croploss claim?

Answer 15

Carry out gross margins for years 1,2 and 3
Year 1 is 100% loss
Year 2 is 50% loss
Year 3 is 25% loss

Question 16

How do heads of claim differ for an owner that a tenant?

Answer 16

The owner would get the easement payment.
Purchase price for the easement typically 50% of market value

There would also be severance

Indurious affection

Question 17

What case law dictates the value of an Easement?

Answer 17

St John College v Themes Water
Value is 50% of the land market value

Question 18

What is severance?

Answer 18

The devaluing of land as a result of it being split from the land that has been compulsory acquired.

Question 19

What is injurious affection?

Answer 19

The devaluing of land as a result of damages caused to the retained land resulting from work to the acquired land such as fumes, dust and light pollution. or what the audition extinguishes a non possessionary right like a right of way.