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APC - 2023 > Access And Rights Over Land > Flashcards

Access And Rights Over Land Flashcards

1
Q

What is registration legislation?

A

The land registration act 2002

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2
Q

What is water legislation ?

A

Water industry act 1991 strong powers

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3
Q

What is the power legislation?

A

Electricity act 1989

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4
Q

Power legislation and types of access?

A

Electricity act 1989, access via easement or by agreement

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5
Q

Gas legislation? Type of agreement?

A

Gas act 1986 – voluntary deed easement

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6
Q

Communication legislation?

A

Electronic communications code

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7
Q

CPO legislation?

A

Compulsory purchase act, 1965

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8
Q

Main EA legislation?

A

Water resources act, 1991, Environment act, 1995

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9
Q

When is a notice required?

A

If it’s residential or heavy equipment

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10
Q

What do you need an a notice?

A

Seven days, specific reason, date of entry

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11
Q

Main EA powers?

A

Section 165 water resources act 1991
– EA carry out flood risk management works.
-construct operate improve, maintain COIM

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12
Q

Powers of entry sections and legislation?

A

Water resources act 1991
– section 165-maintenance.
Section 169-enforcement
Section 170/171 – works and investigative.
Section 172 – other.

Follow schedule 20 procedure.
Schedule 21 compensate
Schedule 22 protected undertakers.

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13
Q

Water act? Access to construct? Notice period?

A

Access to construct S159
3 month notice period

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14
Q

Water act? Access for routine maintenance? Notice period?

A

Section 159,42 day notice period

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15
Q

Water act? Investigation? Notice period?

A

Water industry act, 1990 s162 7 day notice

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16
Q

What warrant would be granted for water if access refused?

A

Magistrates warrant

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17
Q

What would be needed for pipelines over a certain distance? What is the distance?

A

Environmental impact assessment over 5 km pipeline

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18
Q

How old compensation be assessed water?

A

Schedule six water industry act
Freehold, appreciation, crop last, reinstatement, disturbance

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19
Q

What are agents fees based on water?

A

Rydes scale + agents fees

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20
Q

What is the power act?

A

Electricity act, 1989

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21
Q

What is the power act and how are agreements usually reached?

A

Electricity act 1989, access and agreements by agreement, statutory rights, limited hard to get necessary way leaves

22
Q

What is a necessary way leave

A

Agreement which cannot be reached by negotiation option for statutory procedure

Granted, by Secretary of State, typically 14 year period

23
Q

How can you do statutory consenting process to install and keep overhead electric lines?

A

Section 37 of the electricity act, 1989

24
Q

How are agents fees calculated for power?

A

Rydes scale

25
Q

What is gas legislation called?

A

Gas act, 1986

26
Q

What happens with gas agreements?

A

Usual practice two invite voluntary deed of easement

27
Q

How did temporary works work for gas?

A

Temporary occupation for maintenance payment/week of occupation

28
Q

How are voluntary easement calculated?

A

Standard easement payment based on 80% of open market value

29
Q

What is a way leave?

A

Turn the right link to owner/occupier
Terminated by either party.
Right to lay cable pipe
Annual payment.

30
Q

What is an easement?

A

Permanent access agreement
Lies with land and stated in title.
One off payment when apparatus installed.
Gives rights to access and maintain.
Restricts, what can be built over apparatus?

31
Q

What does an agent consider before works?

A

Access route to minimise impact
Environmental and planning constraints.
Site compound locations
Site investigation, intrusive and nonintrusive

Schedule of condition to record pre-entry

32
Q

Agents role during construction ?

A

Monitor compensatable events.
Site visit to check works.

33
Q

Agents roll after construction?

A

Reinstatement snagging
Soils
Cultivation and receding.
Landscaping
Permanent fencing

34
Q

Agents rule during compensation assessment?

A

Standard heads of cleans
Freehold appreciation how much land value reduced
Crop loss.
Area X yield X price.
Grass £250 silage 450
Disturbance, time, agents fees, reinstatement

35
Q

What rights does a client have to put a pipeline in a field?

A

Rights to learn, maintain S159 water industry act 1991

36
Q

What are the standard heads of claim for a utility project affecting agricultural land?

A

Freehold, appreciation, crop loss, disturbance and reinstatement

37
Q

What did you agree before Work started to minimise the effect of the project on your clients land?

A

Route, selection and accommodation works

38
Q

What steps did you take to resolve a claim?

A

Alternative dispute resolution, upper chamber

39
Q

What is the main EA powers and what do they cover?

A

Section 165 water resources act 1991
EA carry out flood risk management works.
C O, I,M
Construct operate improve maintain

40
Q

Environment Agency, main powers of entry?

A

Section 165-maintain
S166-flood warning systems
Section 169 in force.
Section 170/171 – works in investigate.

41
Q

What must be followed for a notice of entry?

A

Must follow schedule 20 procedure

42
Q

What must be a follow for compensation?

A

Water resources act 1991 duty to compensate schedule 21

43
Q

Who can’t you serve a notice of entry on Environment Agency?

A

Water resources act 1991, schedule 22 protected undertakers

44
Q

What is a backup act for the environment agency?

A

Section 37 environment act 1995 to do anything to facilitate functions

45
Q

What is the act about having to register land?

A

The land registration act 2002

46
Q

Where could you find dispute resolution systems for accessing rights of a land?

A

Utilities often refer to this under codes of practice

47
Q

Main points when considering compensation?

A

Client no worse after the scheme number for
Schedule of condition damages assessed compensation, clients time as well as reasonable surveyor and legal fees.
Surface damage compensation

48
Q

How is water compensation assessed in what act is this?

A

We leave water industry act 1991, assist, 50% of market value of land taken

49
Q

 What is the main case for easements?

A

Ellenborough Park 1956
4 essential characteristics of an easement
1.must be dominant and servient tenement.
2.easement accommodates dominant tenement
3. Dominant and servient owners different people.
4. right, must be capable of forming the subject matter of a grant.

50
Q

What is the difference between an easement in a way leave?

A

Easement right that Sunday holds over land owned by someone else attached to land normally created by Dede may be registered on title.
We leave agreement between landowner or occupier and third-party committing a party to do something.

51
Q

Name three methods of dispute resolution?

A

Mediation and arbitration expert witness

52
Q

What are all legislations and dates to know

A

1965- cpo
1986 - gas act
1989 - electricity act
1991 - water industry act
1991 - water resources act
1995 - the environment act

2002 land registration act

APC - 2023 (10 decks)

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