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APC WG > Access & Rights over land > Flashcards

Access & Rights over land Flashcards

1
Q

What is a S.168 Notice and what is the notice period?

A

A notice which allows access for site investigation works. 7-day notice period.

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2
Q

Heads of terms included in a purchase r.e. access and rights

A
  • Consideration
  • Access rights
  • Works/Usage
  • Vacant Possession
  • Fees
  • Premises with a plan reference
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3
Q

If your gas client was refused access onto land, what powers do they have under the Gas Act?

A

Unless for emergency works or via an existing easement, gas companies primarily require landowner agreement before entry.

They may be afforded CPO powers under schedule 3 Gas Act 1986.

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4
Q

What is a s.159 Notice and what is the notice period?

A

Gives access to either construct new apparatus - 3 month notice period

or

access for maintenance or replacement of apparatus - 42 day notice period

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5
Q

What powers are in a s.158?

A

Powers to lay pipes in the street

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6
Q

Powers to compulsorily acquire land in the different utility industries

A

Water = Water Industry Act 1991, s.155

Electricity = Electricity Act 1989, schedule 3

Gas = Gas Act 1986, schedule 3

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7
Q

Powers to carry out street works in the different utility industries

A

Water = Water Industry Act 1991, s.158

Electricity = Electricity Act 1989, Schedule 4

Gas = Gas Act 1986, schedule 4

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8
Q

What is a wayleave?

A
  • A terminable agreement linked to the owners or occupiers, rather than the land itself.
  • right of access across the land to install or maintain apparatus.
  • Not binding on successors.
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9
Q

What is an easement?

A
  • Also referred to as a Deed of Grant, a permanent agreement linked to the land itself rather than the owner or occupier.
  • Grants permission for specified activities, such as rights of way, rights to construct, maintain, replace and repair.
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10
Q

What is the difference between a wayleave and an easement?

A

A wayleave is a terminable agreement with the owner or occupier, not with the land itself and is not binding on the successors.

An easement is a permanent agreement against the land itself, is on the land title and is binding with the successors.

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11
Q

What are accommodation works?

A
  • measures implemented to reduce the impact of the works carried out.
  • This can include passing places, stock-proof fencing, new access roads.
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12
Q

Common rights related to easements?

A

Right to lay, install, maintain, replace, and repair infrastructure.

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13
Q

What is a licence?

A

A licence is a personal right to use land and is not transferable.

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14
Q

What is a lease?

A

A lease is an interest in land. Interests in land are transferable.

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15
Q

What is the difference between a licence and a lease?

A

A licence is a personal right to use land and is not transferable

A lease is an interest in land, and is transferable

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16
Q

Recent case law in respect of easements?

A

Stokes v Cambridge (1961)
- A claim for compensation for land under a CPO
- Access to the land was a ransom strip
- Court held that an appropriate purchase price was to be attributed to the ransom strip
- 33% of the increase in value of the subject land attributable to the acquisition of the ransom strip

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17
Q

What are restrictive covenants?

A

A legal agreement which prevents someone from carrying out certain acts on their property.
E.g. They can’t build on it.

18
Q

What is a Land Title?

A

A registered interest in the land which incorporates all restrictions on the land, the registered proprietors details as well as the leasehold interests.

19
Q

Water Industry Act 1991?

A

Sets out the main powers and duties of the water and sewerage companies,

and,

Gives powers to construct and maintain water/wastewater apparatus by service of notice under the act.

20
Q

What is a s.159 under Water Industry Act 1991?

A

Gives access to either construct new apparatus - 3 month notice period

or

access for maintenance or replacement of apparatus - 42 day notice period

21
Q

What is a s.168 under Water Industry Act 1991?

A

A notice which allows access for site investigation works. 7-day notice period.

22
Q

What is a s.155 under the Water Industry Act 1991?

A

CPO for land acquisition, although this is often purchased by agreement.

23
Q

What is schedule 6 of the Water Industry Act 1991?

A

Compensation is assessed in accordance with schedule 6 of the Water Industry Act 1991

  • Freehold depreciation
  • Crop loss
  • Reinstatement
  • Disturbance
24
Q

Agents fees under Water Industry Act 1991?

A
  • Often based on Rydes Scale
  • Also can be based on an hourly rate agreed with by the Client.
25
Q

Electricity Act 1989?

A

Governs the supply and distribution of electricity

26
Q

What is a necessary wayleave?

A

If they cannot reach an agreement with a landowner voluntarily, an operator can apply for a necessary wayleave.

They must provide evidence as to why it is needed and this must be granted by the Secretary of State.

27
Q

Schedule 3 and Section 10 of the Electricity Act 1989?

A

Where an agreement through negotiation can not be reached, Secretary of State has power under schedule 3 and Section 10 of the Electricity Act 1989 to compulsory purchase the rights.

28
Q

Section 37 of the Electricity Act 1989?

A

statutory consenting process, granted by the Secretary of State, to install and keep installed overhead electric lines.

29
Q

Agents fees under the Electricity Act 1989?

A

Rates are not statutory, they are guidelines.
Based on their own fee scales.

30
Q

Gas Act 1986 - Brief

A

Governs the supply and distribution of gas.

I haven’t been involved with any instructions surrounding the Gas Act.

I am aware that statutory powers are limited in comparison to the Water Industry Act 1991.

I am aware that usual practise is to secure rights through voluntary agreement.

I am aware that powers within the Gas Act 1986 to compulsory acquire land or rights is available through schedule 3, which has to be authorised by the Secretary of State.

31
Q

Section 9 and Schedule 3 of the Gas Act 1986

A

Powers within the Gas Act 1986 to compulsory acquire land or rights. Must be granted by the Secretary of State.

32
Q

Level 2 Access and Rights examples are:

A

National Grid ZP & ZPA
- Painting of towers
- accommodation works and access routes to minimise disturbance and damage
- Maintaining communication with landowners through the scheme
- Negotiating and settling compensation claims

Utkinton WwTW
- Topographical and borehole surveys
- s.168 served to landowners and agents
- Compound area
- Negotiated and agreed licence terms with landowner and agent

33
Q

Level 3 Access and Rights examples are:

A

SPEN AG Line:
- Replacement of conductors
- Field had lots of horses and no alternative location for them to go
- Agreed access route along the perimeter of the field
- advised that post and rail fencing would be required for health and safety purposes.

Duddon WwTW:
- purchase for improvement works of an existing asset
- Tight timescales
- I advised that the purchase wouldn’t complete in time, and that a licence would be needed to gain rights to the land until it did.
- Successfully negotiated 2 licence agreements, 1 for the purchase area and 1 for the compound, and agreed terms for the purchase and HOT’s were issued

34
Q

Level 3 Access and Rights - Advice Given:

A

SPEN AG:
- Post and Rail fencing required for health and safety purposes
- lots of horses in the field and no alternative location for them

Duddon WwTW:
- Advised a licence would be required to obtain rights to the land until the purchase completed

35
Q

National Grid ZP & ZPA overhead electricity line:

A

National Grid ZP & ZPA
- Painting of towers
- accommodation works and access routes to minimise disturbance and damage
- Maintaining communication with landowners through the scheme
- Negotiating and settling compensation claims

36
Q

Utkinton WwTW:

A

Utkinton WwTW
- Topographical and borehole surveys
- s.168 served to landowners and agents
- Compound area
- Negotiated and agreed licence terms with landowner and agent

37
Q

SPEN AG 132 kV overhead line:

A

SPEN AG Line:
- Replacement of conductors
- Field had lots of horses and no alternative location for them to go
- Agreed access route along the perimeter of the field
- advised that post and rail fencing would be required for health and safety purposes.

38
Q

Duddon WwTW:

A

Duddon WwTW:
- purchase for improvement works of an existing asset
- Tight timescales
- I advised that the purchase wouldn’t complete in time, and that a licence would be needed to gain rights to the land until it did.
- Successfully negotiated 2 licence agreements, 1 for the purchase area and 1 for the compound, and agreed terms for the purchase and HOT’s were issued

39
Q

How should a notice be served?

A

Notices must be valid:
- issued to the correct registered owner and occupier at their current address

40
Q

What year is the Water Industry Act?

A

1991

41
Q

What year is the Electricity Act?

A

1989

42
Q

What year is the Gas Act?

A

1986

APC WG (14 decks)

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