Heads of Claims

Question 1

What are the key Heads of Claims?

Answer 1

1. Land Taken
2. Disturbance
3. Injurious Affection & Severance
4. Claimants Time
5. Professional Agents Fees
6. Loss of current crop
7. Reduced yields from future crops
8. Reinstatement Costs
9. Cost of removing fencing
10. Impact on Sporting Rights
11. BPS, SFI, etc.
12. Interest on outstanding claim

Question 2

Land Taken

Answer 2

Consideration or depreciation in value of interest in land or annual payment for wayleave

Question 3

Disturbance

Answer 3

Inconvenience to landowner occupier, impact on use of land.

Question 4

Injurious Affection & Severance

Answer 4

a. IA - Loss of value in remaining land as a result of land taken, often 1-10% value for residential property.
b. Compensation for severance of land making it unusable or virtually unsaleable.

Question 5

Claimants Time

Answer 5

Usually linked to utility companies fee scale.

Question 6

Professional Agents Fees

Answer 6

Usually linked to utility companies fee scale.

Question 7

Loss of Current Crop

Question 8

Reduced Yields from Future Crops

Question 9

Reinstatement Costs

Answer 9

Such as:
- Topsoil replacement
- Remedial cultivation
- De-stoning
- Weed control
- Compaction subsoiling
- Re-seeding
- Fertility replacement

Question 10

Impact on Sporting Rights

Answer 10

Changes required to use of land for already established sporting use, or where sporting rights are in some way hindered.