Rights Over Land Flashcards

1
Q

Easement Definition

A
  • Legal Right Over Land
  • Bound to Property
  • One off Payment
  • Private ROW
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2
Q

Wayleave Definition

A
  • Between Owner & 3rd Party
  • Has a Term
  • Annual Payment
  • Tied to Owner NOT Land
  • Right to Access Utilities
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3
Q

Electronic Communications Code - Changes Made

A
  • 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
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4
Q

Compulsory Purchase Acts

A
  • Compulsory Purchase Act 1965
  • Acquisition of Land Act 1981
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5
Q

Land Value Act

A

Land Compensation Act 1961

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6
Q

Compulsory Purchase Compensation Basis

A

Market Value & Impact on Retained Land Value

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7
Q

Valuation Date - Comp Purchase

A

Date of Entry
or
Date of Notice to Treat

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8
Q

What is Blight & Effect on Value

A
  • 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
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9
Q

Notice & Legislation to Lay Water Pipe

A

S159
3 Month Notice of Entry
1 Month Notice for Surveys

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10
Q

Notice to Alter Existing Pipes

A

S159
42 Days Notice

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11
Q

Water Industry Works Notices - Name and Notice Period

A

7 Day Notice
& 7 Days Notice

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12
Q

Outline CPO Process

A
  1. Making Order - Stage 3/S18
  2. Notification & Publicity
  3. Objections
  4. Inquiry
  5. Decision
  6. Possession
  7. Compensation
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13
Q

What are the Crichel Rules

A

Former Land Owner Given First Refusal to Purchase Land, Provided No Material Change to Land

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14
Q

What is Needed For Easement

A
  • Servient & Dominant Tenement
  • Benefit & Burden
  • Person Putting Easement on Must Have Interest in Neighbouring/Nearby Land
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15
Q

What Act Governs DCOs

A

Planning Act 2008

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16
Q

DCO Steps

A
  1. Pre Application
  2. Acceptance
  3. Pre Examination
  4. Examination
  5. Decision
  6. Post Decision
17
Q

Once CPO Granted How Long to Implement

A

3 Years

18
Q

How Much is Home Loss Payment

A

£65,000 w/ Minimum of £6,500
- 10% of property value
- Must Have Been Residents For Over 12 Months

19
Q

How Much is Basic Loss Payment

A

7.5% of Total Claim to Max of £75,000
ONLY if Home Loss NOT Available

20
Q

How Much is Occupiers Loss Payment

A

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