Access and Rights Flashcards
(31 cards)
What is an easement?
Also referred to as a Deed of Grant, a permanent agreement linked to the land itself rather than the owner or occupier.
Grants permission for specified activities, such as rights of way, rights to construct, maintain, replace and repair.
What is a Wayleave?
A terminable agreement linked to the owners or occupiers, rather than the land itself.
right of access across the land to install or maintain apparatus.
Not binding on successors.
How do you terminate a Wayleave?
Exisiting line and agreement with current grantor
2 step procedure
Notice to Terminate sch4, 8(1)(b)
Then Notice to Remove sch4, 8 (2)(b)
Exisiting line and agreement within 3 months of expiry
1 step procedure
Notice to Remove sch4, 8(1)(b) & 8(2)(b)
Existing line and no agreement
1 step procedure
Notice to Remove - sch4, 8(1)(c) & 8(2)(c)
What does Schedule 4 of EA govern?
Para. 1: Street Works
Para. 6: Acquiring Wayleaves
Para. 9: Management of Trees
What does Schedule 6 of the EA govern?
The Electricity Code
Includes powers of entry under para. 9
What does Schedule 3 of the EA govern?
The powers of Compulsory Purchase for licence holders
What does Section 9 of the EA govern?
Duty for licence holders to develop and maintain an efficient, co-ordinated and economical system
What does Section 16 of the EA govern?
DNO to provide a connection wherever possible, unless s.17 breached �(safety or prevented from doing so)
How would you go about land referencing?
Use LR searches in the first instance. If unreg then site notices and possibly door knocking the surrounding area
What are the downside of LR?
- Does not show all interests
- Not always up to date
- Generational farms may not be registered
What legislation governs the Gas industry?
Gas Act 1986, as amended 1995
Duties for Gas licence holders under s.9 & 10?
The duty to maintain and develop a co-ordinated, efficient and economical system
What is schedule 2B of the Gas Act?
Details the duties of operators to licence holders in The Gas Code
What does Schedule 3 of the Gas Act govern?
Powers for operators to compulsory purchase land
What does Schedule 4 of the Gas Act govern?
Para.1 - Street Works
How does a Gas Operator take access to install new apparatus?
Usually agreed via an easement voluntarily, or alternatively powers under Schedule 3 can be utilised.
If not possible, no available powers
Schedule 2B. Para.27 of the Gas Code?
Rights for licence holders to enter land with a 7 day notice to repair and maintain exisiting apparatus
Gas easement payment?
St John’s v Thames Water but with an 85% uplift as more protective rights
What is the purpose of the Pipeline Safety Regulations 1996?
Prohibits a person causing damage to a pipeline which may give rise to a danger to persons
What is the difference between a wayleave and an easement?
A wayleave is a terminable agreement with the owner or occupier, not with the land itself and is not binding on the successors.
An easement is a permanent agreement against the land itself, is on the land title and is binding with the successors.
What is a licence?
A licence is a personal right to use land and is not transferable.
What is a lease?
A lease is an interest in land. Interests in land are transferable.
What are accommodation of works?
measures implemented to reduce the impact of the works carried out.
This can include passing places, stock-proof fencing, new access roads.
Common rights related to easements?
Right to lay, install, maintain, replace, and repair infrastructure.
