Access And Rights Over Land

Question 1

What is a wayleave?

Answer 1

A wayleave is an agreement between a landlord or landowner and a network provider - provides a licence to access land to maintain / install apparatus

Question 2

What is an easement?

Answer 2

An easement is a right that someone holds over land owned by someone else. Easements are attached to the land.

Question 3

What is the act governing electricity?

Answer 3

Electricity Act 1989

Question 4

What is the act governing water?

Answer 4

Water Industry Act 1991

Question 5

Act governing telecoms?

Answer 5

The Telecommunications Act 2021

Question 6

What is the act governing highways

Answer 6

Highways Act 1980

Question 7

Section / schedule to compulsory acquire land - water

Answer 7

Section 155

Question 8

Section / schedule to compulsory acquire land - electricity

Answer 8

Schedule 3 part 1

Question 9

Section / schedule to compulsory acquire land - gas

Answer 9

Schedule 3 part 1

Question 10

Section / schedule to compulsory acquire land - telecoms

Answer 10

Schedule 4 part 3

Question 11

Section / schedule to install / maintain / repair / alter - water

Answer 11

Section 159

Question 12

Section / schedule to install / maintain / repair / alter - electricity

Answer 12

Schedule 4 part 6

Question 13

Section / schedule to install / maintain / repair / alter - gas

Answer 13

Schedule 4 part 7

Question 14

Section / schedule to install / maintain / repair / alter - telecoms

Answer 14

Schedule 2

Question 15

Section / schedule to enter for survey work - water

Answer 15

Section 169

Question 16

Section / schedule to enter for survey work - electricity

Answer 16

Schedule 4 part 10

Question 17

Section / schedule to enter for survey work - gas

Answer 17

None. By negotiation

Question 18

Section / schedule to enter for survey work - telecoms

Answer 18

Schedule 4 part 6

Question 19

Pre access procedure

Answer 19

Record of condition
Advise diary from client

Question 20

Water industry act 1991 notice periods - new pipe

Answer 20

3 months
Section 159

Question 21

Water industry act 1991 notice periods - alter existing pipe

Answer 21

42 days
Section 159

Question 22

Water industry act 1991 notice periods - survey work

Answer 22

7 days
Section 169

Question 23

Water industry act 1991 notice periods - compulsory purchase

Answer 23

Rare
Section 155

Question 24

Water industry act 1991 compensation schedule

Answer 24

Schedule 12

Question 25

Example of heads of terms for compensation under schedule 12 of the Water Industry Act 1991

Answer 25

Recognition payment (50% mv land under sterilised area) Payment for any inspection chambers, valves etc Disturbance - time, additional cultivations, crop loss, loss of future yield, reinstatement Agents fees Reservations

Question 26

Electricity schemes - compulsory purchase / acquire rights to land schedule

Answer 26

Schedule 3

Question 27

What is a permanent easement

Answer 27

Written in deed, successive in title

Question 28

Fixed term easement

Answer 28

Good if land has development potential

Question 29

Annual wayleave

Answer 29

Terminable, 6-12 months notice

Question 30

Necessary wayleave

Answer 30

Expensive for electricity company

Question 31

Electricity Act power to acquire wayleave schedule

Answer 31

Schedule 4

Question 32

Electricity Act 1989 compensation under Compensation Act 1973 HOT

Answer 32

Easement payment - depends on nature of equipment Severance / injurious affection (claims to damage on freehold) Disturbance Agents fees

Question 33

Notices under Electricity Act 1989 - survey work

Answer 33

14 days notice Must have wayleave / easement to access Wayleave will detail notice periods

Question 34

Electricity Act 1989 permanent easement schedule

Answer 34

Schedule 3

Question 35

Gas Pipe Schemes claims - what act? And what can be claimed

Answer 35

Land Compensation Act 1973 Depreciation in value must be due to physic factors - smell; dust; noise; vibration; smoke etc NOTHING for visual impact Up to 6 years to claim

Question 36

What are the 3 road scheme main acts?

Answer 36

Highways act 1980 Land compensation act 1973/1961 Compulsory purchase act 1965

Question 37

Heads of claim for a road scheme

Answer 37

Land taken (rule 2 LCA 1961 - market value) Severance and injurious affection (s.7 & s.10 CPA 1965) Home loss payment Basic loss payment Occupiers loss payment Disturbance Agents fees Reservations

Question 38

Lift and shift provisions

Answer 38

Applicable when agreeing easement for pipelines and cables etc Allows the landowner to require the authority to move the cables to an alternative route

Question 39

Ways an Easement can be created

Answer 39

Express agreement Implied grant Prescription (20 years continuous use)

Question 40

Compound licence heads of terms

Answer 40

Name and address of licensor Name and address of licensee Licence fee Permission and notices Rates and outgoings State of site compound Access Gateway Topsoil Statutory obligations Licensors rights Assignment Termination Dispute despoliation procedure Signing of both parties Plan