Rights Over Land Flashcards
Easement Definition
- Legal Right Over Land
- Bound to Property
- One off Payment
- Private ROW
Wayleave Definition
- Between Owner & 3rd Party
- Has a Term
- Annual Payment
- Tied to Owner NOT Land
- Right to Access Utilities
Electronic Communications Code - Changes Made
- Right to Upgrade & Share Apparatus
- Valuation - No Network Assumption
- Unresponsive Occupiers - For Rural Land Apparatus 4x Notices Served by Operator
- ADR Before Going to Tribunal
Compulsory Purchase Acts
- Compulsory Purchase Act 1965
- Acquisition of Land Act 1981
Land Value Act
Land Compensation Act 1961
Compulsory Purchase Compensation Basis
Market Value & Impact on Retained Land Value
Valuation Date - Comp Purchase
Date of Entry
or
Date of Notice to Treat
What is Blight & Effect on Value
- Reduction of MV & Reduced Ability to Sell Due to Blight
- Stat Blight - Sell & Claim Comp for Reduced Val
- General Blight - Does Not Meet Stat Blight Payment But Land is Affected - No Right to Comp
Notice & Legislation to Lay Water Pipe
S159
3 Month Notice of Entry
1 Month Notice for Surveys
Notice to Alter Existing Pipes
S159
42 Days Notice
Water Industry Works Notices - Name and Notice Period
7 Day Notice
& 7 Days Notice
Outline CPO Process
- Making Order - Stage 3/S18
- Notification & Publicity
- Objections
- Inquiry
- Decision
- Possession
- Compensation
What are the Crichel Rules
Former Land Owner Given First Refusal to Purchase Land, Provided No Material Change to Land
What is Needed For Easement
- Servient & Dominant Tenement
- Benefit & Burden
- Person Putting Easement on Must Have Interest in Neighbouring/Nearby Land
What Act Governs DCOs
Planning Act 2008
DCO Steps
- Pre Application
- Acceptance
- Pre Examination
- Examination
- Decision
- Post Decision
Once CPO Granted How Long to Implement
3 Years
How Much is Home Loss Payment
£65,000 w/ Minimum of £6,500
- 10% of property value
- Must Have Been Residents For Over 12 Months
How Much is Basic Loss Payment
7.5% of Total Claim to Max of £75,000
ONLY if Home Loss NOT Available
How Much is Occupiers Loss Payment
2.5%
Plus the Greater of £300, or £100 per ha for First 100 ha & £50 per ha for Further 300 ha
£25 per sqm for Building Lost
To Max of £25,000
