Access and Rights Over Land Flashcards
What is a wayleave?
A terminable license linked to owners/occupiers of a property/land rather than the land itself.
Grants a temporary right of passage over or through land often used by utility companies to lay cables/pipes in or over land with an annual payment to the owner
Does not bind successors in title
What is an easement?
Can also be known as a deed of grant, non-possessory right.
Interest in land where one party has a right (dominant tenement) for the benefit of his land, over the land of another (Servient tenement) related to the land and cannot be terminated.
Usually relates to permanent statutory access agreements for larger infrastructure project such as installation of new water, gas or sewerage pipes.
Where can you find information on Wayleaves & easements?
For Wayleaves:
Contact the relevant utility companies or review historical documentation if available - Wayleaves do not directly affect the land so will not likely be registered on land registry.
For Easements:
Land Registry tile register - Easements directly affect the land and are registered on the title to the property at and Registry
What is a covenant?
A type of contractual promise concerning land.
Two types:
Restrictive Covenants
Positive Covenants
What is the difference between a restrictive and a positive covenant?
Restrictive Covenant:
Agreement in a deed that one party will restrict the use of its land in some way for the benefit of another’s land.
Binds successors in title
Example: limit uses of the land to residential purposes only.
Positive Covenant:
Imposes obligation to carryout some positive action in relation to land or requires expenditure of money.
Only enforceable against the promisor
Example: works of repair or maintenance
What are the Key features of the Water Industry Act 1991?
What are the key features of the Electricity Act 1989?
What are the key features of the Gas Act 1986?
Who has Statutory Access to Enter Land How do they do this?
Utility Companies:
Water - WIA 1991 as amended by Water Act 2008
Electricity - Electricity Act 1989
Gas Companies - Gas Act 1986 & Rights of Entry (Gas and Electricity Boards) Act 1954
Telecommunications Companies - Communications Act 2003
Environment Agency - Environment Act 2021 Water Resources Act 1991
Railway Companies - Railway Regulation Act 1842
Highways - Highways Act 1980
Local Authorities - Town & Country Planning Act 1990
What are the differences in processes/procedures for different industries - Water, Electricity & Gas?
What about access to by highways, rail and other?
What Notices are or can be served to gain access?
How do Notices differ for maintenance upgrading or installation?
What can the land owner do wen receiving relevant Notices?
What can a tenant do when notified of access?
How is compensation calculated?
What can be compensated for?
What cant be compensated for?
When is compensation statutory/negotiated/negotiable?
How are compounds negotiated?
What is the legal tenancy of a compound?
What is a PROW?
Public Right of Way is a legally protected right for the public to pass and re-pass at all times on specific paths, existing for the benefit of the community.
Key legislation is the Countryside Rights of way Act 2000
How are PROW’s recorded?
Recorded by Local Authorities through Definitive Map and Statement (DMS):
a map and accompanying statement detailing location, type and any limitations on the public’s right of way
How are PROW’s registered?
By virtue of s31 of the Highways Act 1980
If a path or way has been used for continuously for 20 years without force, secrecy or permission and the landowner has done nothing to demonstrate their lack of intention to dedicate the highway to public use.
Making a S31(6) deposit and lodging with the Local Authority.
