Access & Rights over land Flashcards
What is a S.168 Notice and what is the notice period?
A notice which allows access for site investigation works. 7-day notice period.
Heads of terms included in a purchase r.e. access and rights
- Consideration
- Access rights
- Works/Usage
- Vacant Possession
- Fees
- Premises with a plan reference
If your gas client was refused access onto land, what powers do they have under the Gas Act?
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.
What is a s.159 Notice and what is the notice period?
Gives access to either construct new apparatus - 3 month notice period
or
access for maintenance or replacement of apparatus - 42 day notice period
What powers are in a s.158?
Powers to lay pipes in the street
Powers to compulsorily acquire land in the different utility industries
Water = Water Industry Act 1991, s.155
Electricity = Electricity Act 1989, schedule 3
Gas = Gas Act 1986, schedule 3
Powers to carry out street works in the different utility industries
Water = Water Industry Act 1991, s.158
Electricity = Electricity Act 1989, Schedule 4
Gas = Gas Act 1986, schedule 4
What is a wayleave?
- 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.
What is an easement?
- 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.
What is the difference between a wayleave and an easement?
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.
What are accommodation works?
- measures implemented to reduce the impact of the works carried out.
- This can include passing places, stock-proof fencing, new access roads.
Common rights related to easements?
Right to lay, install, maintain, replace, and repair infrastructure.
What is a licence?
A licence is a personal right to use land and is not transferable.
What is a lease?
A lease is an interest in land. Interests in land are transferable.
What is the difference between a licence and a lease?
A licence is a personal right to use land and is not transferable
A lease is an interest in land, and is transferable
Recent case law in respect of easements?
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
What are restrictive covenants?
A legal agreement which prevents someone from carrying out certain acts on their property.
E.g. They can’t build on it.
What is a Land Title?
A registered interest in the land which incorporates all restrictions on the land, the registered proprietors details as well as the leasehold interests.
Water Industry Act 1991?
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.
What is a s.159 under Water Industry Act 1991?
Gives access to either construct new apparatus - 3 month notice period
or
access for maintenance or replacement of apparatus - 42 day notice period
What is a s.168 under Water Industry Act 1991?
A notice which allows access for site investigation works. 7-day notice period.
What is a s.155 under the Water Industry Act 1991?
CPO for land acquisition, although this is often purchased by agreement.
What is schedule 6 of the Water Industry Act 1991?
Compensation is assessed in accordance with schedule 6 of the Water Industry Act 1991
- Freehold depreciation
- Crop loss
- Reinstatement
- Disturbance
Agents fees under Water Industry Act 1991?
- Often based on Rydes Scale
- Also can be based on an hourly rate agreed with by the Client.
Electricity Act 1989?
Governs the supply and distribution of electricity
What is a necessary wayleave?
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.
Schedule 3 and Section 10 of the Electricity Act 1989?
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.
Section 37 of the Electricity Act 1989?
statutory consenting process, granted by the Secretary of State, to install and keep installed overhead electric lines.
Agents fees under the Electricity Act 1989?
Rates are not statutory, they are guidelines.
Based on their own fee scales.
Gas Act 1986 - Brief
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.
Section 9 and Schedule 3 of the Gas Act 1986
Powers within the Gas Act 1986 to compulsory acquire land or rights. Must be granted by the Secretary of State.
Level 2 Access and Rights examples are:
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
Level 3 Access and Rights examples are:
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
Level 3 Access and Rights - Advice Given:
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
National Grid ZP & ZPA overhead electricity line:
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:
Utkinton WwTW
- Topographical and borehole surveys
- s.168 served to landowners and agents
- Compound area
- Negotiated and agreed licence terms with landowner and agent
SPEN AG 132 kV overhead line:
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:
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
How should a notice be served?
Notices must be valid:
- issued to the correct registered owner and occupier at their current address
What year is the Water Industry Act?
1991
What year is the Electricity Act?
1989
What year is the Gas Act?
1986
