Access and rights Flashcards
(46 cards)
What is a wayleave?
A temporary right with an annual payment.
The right for a company to install and maintain their apparatus (often used by utility companies).
It is personal to the company.
Doesn’t need registering
Terminable and does not run with the title.
What is a necessary wayleave?
A necessary wayleave is a statutory right that allows electricity and telecom companies to install and maintain equipment on private land, even if the landowner does not give permission.
A compulsory right granted by the government.
What is an easement?
A permanent right for a capital payment
It can be registered
(1) There must be a dominant and servient tenement.
(2) The easement must accommodate the dominant tenement.
(3) The dominant and servient tenements must be owned or occupied by different persons.
(4) The right claimed must be capable of forming the subject matter of a grant
What is the difference between a wayleave and an easement?
An easement is a permanent agreement that runs with the land and is binding with the successors.
A wayleave is a terminable agreement and does not run with the title.
What case law sets out the characteristics of an easement?
Ellenborough Park [1956]
What did Ellenborough Park [1956] establish?
Established the requirements for a right over land to amount to a valid easement
What is a licence agreement?
A licence is an agreement between two parties giving permission to make it lawful to use the land.
A licence is a personal right that cannot be assigned.
What are statutory frameworks?
Sets of laws created by an act of parliament (statutes) that establish rules, duties, and powers in specific areas.
What is the Electricity Act 1989?
UK law that provides the legal framework for the supply of electricity in Great Britain.
What section of the Electricity Act 1989 talks about the powers to acquire rights?
Section 10 and Schedule 3 of the Act
What does section 10 of the Electricity Act 1989 talk about?
Section 10 specifically grants statutory undertakers (licensed electricity operators) the power to acquire land or easements required for constructing or maintaining electric lines or building associated infrastructure.
The electricity company must serve a notice to the landowner, notifying them of the intention to acquire land or rights.
The landowner has at least 28 days to object
Once the CPO is confirmed by the Secretary of State, the company must serve a notice of entry 14 days before the company takes possession of the land or easement.
What does schedule 3 of the Electricity Act 1989 talk about?
Schedule 3 sets out the procedures and conditions under which an electricity company can exercise compulsory purchase powers.
How would a electricity company go about securing an easement?
- Would try to negotiate a voluntary easement agreement with the landowner.
- If the landowner refuses, the company can use Schedule 3 of the Electricity Act 1989 to compulsorily acquire the easement.
- 28 days notice to inform landowner - Notice of CPO
When would a court order be needed in terms of an easement?
If the landowner physically obstructs the company from entering the land.
What is compulsory purchase?
Compulsory purchase is a legal mechanism allowing certain bodies (acquiring authorities) to acquire land or property without the owner’s consent through statutory powers.
Tell me about the Water Industry Act 1991?
Key piece of UK legislation that consolidates and regulates the supply of water and sewerage services in England and Wales.
Details the powers to acquire land and rights (statutory powers) to build and maintain water and sewerage infrastructure.
What section of the Water Industry Act 1991 talks about the powers to acquire rights?
Section 155
Section 159
Section 181
Schedule 6
Tell me about section 155 of the Water Industry Act ?
Allows water companies to compulsorily acquire land needed for laying pipes or other infrastructure.
The water company must serve a notice to the landowner, notifying them of the intention to acquire land or rights.
The landowner has at least 28 days to object
Tell me about section 159 of the Water Industry Act ?
Gives water and sewerage companies the right to lay, inspect, maintain, and repair pipes, sewers, drains, etc.
3 months notice to lay new pipes
42 days to alter existing pipes
Tell me about section 181 of the Water Industry Act ?
Establishes the framework for compensation when land is compulsorily acquired by a water company.
After the land is acquired, the company must serve a notice of intent to treat (i.e., notify the landowner of their intention to compensate for the acquisition).
The company and the landowner will negotiate compensation for at least 28 days following the notice.
Tell me about schedule 6 of the Water Industry Act ?
Sets out the procedural framework for compulsory acquisition of land or rights, and the steps a water company must follow, from serving notices to taking possession of the land.
How would I know if there are easements, covenants or leases in place in a property?
Check land registry documents
When does a lease have to be registered and what legislation does this come under?
Leases granted for a term of more than 7 years must be registered with HM Land Registry.
Section 27 of the Land Registration Act 2002
Why is some land still unregistered?
Land registration was made compulsory in 1925 in some areas but has been implemented progressively. If the land hasn’t been sold, mortgaged, or transferred recently, it might not have been registered.
