Legal/Regulation Compliance Flashcards
What are rights of light ?
Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain the level of illumination
What is an easement ?
An easement is the right of one landowner to make use of another nearby piece of land for the benefit of his own land.
What is a wayleave
wayleave is a contract between a the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation. Used by statutory undertakers.
What is compulsory purchase ?
A compulsory purchase order is a order that gives the authority the legal power to buy your home or land from you
What are the s.106 tests
under the CIL regulations 2010
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
What is the definition of a wayleave?
a right of way granted by a landowner, generally in exchange for payment and typically for purposes such as the erection of telegraph wires or laying of pipes
What is the difference between wayleave and an easement?
a wayleave is a periodically renewed right of use by apparatus over or under someone else’s land for which payment is made. For example, electricity companies may put pylons or solar panels on your land and pay you rent.
An easement grants a permanent right to a person, company or statutory body, over land they do not own. For example, a gas company may put a pipeline through your land. It may make a single lump payment for this. Often no payment is made for an easement as it may already exist when you buy the land.
What is a covenant, the two types that exist and the difference between them?
Restrictive and positive covenants
Restrictive covenants are rules preventing certain things from being done on the land, such as keeping animals or using the property for business purposes
Positive covenant is to maintain a driveway or fence
hat are the seasons for undertaking ecological investigations ?
hase 1 Habitat: Spring/ Summer
Bat Scoping: All year
Bat Activity: Late spring to summer
Badger: Late Autumn/ Late winter/ early spring - to ensure vegitation is low
Headgerow: Late Spring/ Early summer
Breeding brid: Spring/ Early summer
