Access and Rights Over Land Level 1 Flashcards
(122 cards)
1
Q
What legislation do Section 31 (6) applications fall under?
A
Highways Act 1980 for rights of way. Commons Act 2006 if for village greens/commons land.
2
Q
How long do Section 31(6) applications last?
A
20 years
3
Q
What is the name of the form submitted under Section 31(6) applications and what supporting documents are required?
A
CA16 form and a plan of a scale at 1:10,000
4
Q
What are the components of a Section 31(6) statement and declaration?
A
Information relevant to the application/applicant, statement, declaration, additional information and statement of truth.
Note the statement and declaration cannot be submitted at the same time.
5
Q
Why are s.31(6)’s important?
A
They enable landowners to protect their land from gaining public rights of way through use by the public.
6
Q
What are the timings for adverse possession?
A
10 years for registered land, 12 years for unregistered land.
The applicant must have occupied the land without force, without secrecy and without permission for this period.
7
Q
What legislation does trespass/encroachment come under?
A
Criminal Justice and Public Order Act 1994.
8
Q
Outline what you understand from the Telecommunications Code?
A
The Telecoms Code provides utilities companies with more powers to compulsorily purchase land to put on equipment for the betterment of the telecommunications system nationally.
9
Q
What is a boundary?
A
A line which marks the limits of an area. They can include walls, fences, hedges and trees for example.
10
Q
What are the options available for finalising negotiations on encroachment or trespass?
A
A garden agreement can be put in place to document the occupation, or if possible a signed letter confirming the occupation. This will stop time running for any potential adverse possession claims.
11
Q
What is a Tree Preservation Order?
A
Tree Preservation Order - order made by a local planning authority to protect specific trees, groups of trees or woodlands in the interests of amenity.
12
Q
What is the Green Belt?
A
Green Belt - policy for controlling urban growth, where development is restricted.
13
Q
What is a Conservation Area?
A
Conservation Area – designation to manage and protect the special architectural and historic interest of a place.
14
Q
What are the required scales for plans submitted to LPAs?
A
Location plan 1:1,250
Site place 1:500
Drawings 1:50
15
Q
What is the difference between a Wayleave and an Easement?
A
Wayleave – terminable licence that is linked to the owners of the land not the land itself
Easement – permanent statutory access agreement that relates to the land itself
16
Q
What is adverse possession?
A
Legal principle that allows a person who possesses the land for an extended period of time to claim legal title.
17
Q
What is encroachment?
A
Act of gradually entering someone else’s land
18
Q
What is a schedule of condition?
A
A Schedule of Condition is a detailed recording of a property’s a condition which is retained to use at a future time to establish the previous condition of the premises.
19
Q
What is compensation and how is it calculated?
A
Compensation is something, typically money awarded to someone in recognition of loss. A claim is calculated using several factors, including area of land, type of land/land use, time effected, reinstatement, professional fees.
20
Q
Where would you go if there was a compensation dispute?
A
Lands Tribunal under Section 5 of the Land Compensation Act 1961
21
Q
What are Land Registry compliant plans and when are they used?
A
Must meet certain criteria (e.g. scale, level of detail, orientation) to be accepted by the Land Registry. Plans are required for first registrations, transfers, leases, unusual extents to land (e.g. tunnels).
22
Q
What types of compensation are available to Landlords and Tenants?
A
It depends on the lease terms.
23
Q
What are included in a Heads of Claim?
A
Location, area, land taken, acquiring authority, severance, injurious affection, disturbance, accommodation works, crop loss, advance payment and interest, fees, reservation
24
Q
How would you calculate a crop loss claim?
A
To calculate a crop loss claim:
1. Measure affected area
2. Multiply by income lost per acre/ha (crop value or scheme payments)
3. Add variable costs (field operations, fertilizers)
4. Include reinstatement costs
Time of year affects calculation:
- May (wheat field): Potential harvest value
- February: Establishment costs + restoration + re-establishment of spring crop + income difference between winter/spring crops
25
Can you provide me with 3 headings that would make up the compensation claim for your client in Worthing?
Professional fees
Disturbance
Crop loss
Injurious affection
26
Can you provide me with 3 differences between a wayleave and easement?
Easement relates to the land itself, wayleave relates to the property or landowner.
Wayleave is temporary, easement is permanent
Wayleave is terminable, easement is not.
27
What is the Water Industry Act 1991?
The Water Industry Act 1991 (amended 2003) is legislation governing water supply and wastewater services in England and Wales, giving water companies powers to acquire and enter land for services.
28
What are the key sections for land access and works?
* S155 – Compulsory acquisition of land
* S159 – Pipe laying (3 months' notice for new, 42 days for alterations)
* S160 – Sewerage works
* S167 – Compulsory works order
* S168 – Entry for work purposes (7 days notice for surveys)
29
What compensation rights exist under the Act?
* Schedule 6 – Compensation for entry (sections 168-172)
* Schedule 11 – Compulsory works powers
* Schedule 12 – Compensation for pipelaying (covers depreciation, loss, damage, disturbance)
30
How do you calculate a crop loss claim?
1. Measure affected area
2. Calculate income lost per acre/ha
3. Add variable costs
4. Include reinstatement costs
Time of year affects calculations:
* May (wheat): Consider potential harvest value
* February: Include establishment costs, restoration, and crop type differences
31
What is the main legislation governing water and sewerage works in England and Wales?
The Water Industry Act 1991 (amended by Water Act 2003)
32
Who appoints water and sewerage companies as undertakers?
Companies receive written licenses to provide services in specific areas of England and Wales, regulated by Ofwat
33
What regulatory power does the Secretary of State have?
The Secretary of State can replace undertakers, modify appointments, and refer cases to the competition commission
34
What are the five main responsibilities of water undertakers?
1) Develop and maintain economical water supply system
2) Provide and connect water mains
3) Supply water to domestic and non-domestic premises
4) Provide water for firefighting and public purposes
5) Maintain appropriate water pressure and promote efficient use
35
What notice period is required for new pipe works?
3 months' notice for new works
36
What notice period is required for altering existing pipes?
42 days' notice
37
What are the two key duties of water undertakers regarding works?
1) Minimise damage during works
2) Compensate for losses and damages
38
What does compensation for private land cover?
Compensation covers depreciation in land value and other losses or damages
39
Where are compensation disputes referred to?
Disputes are referred to the Land Tribunal
40
What happens in emergency situations regarding notice periods?
No notice is required in emergencies
41
What are the three main duties of sewage undertakers according to Part 3.4 of the Act?
1) Providing and improving public sewers
2) Maintaining and emptying sewer systems
3) Developing new sewer infrastructure
42
What are the four key land-related powers granted to undertakers in Sections 155-186?
1) Compulsory purchase
2) Creation and acquisition of land rights
3) Entry to land (with three months' notice) for pipe laying
4) Entry rights for surveys and inspections
43
What is the primary way water companies prefer to operate regarding land access?
Through agreement or Section 159 notices of entry rather than compulsory purchase powers
44
What are the key legal references for compulsory purchase powers?
Section 155, referencing the Acquisition of Land Act 1981 and Compulsory Purchase Act 1965
45
# Acquisition of Land Act 1981 and Compulsory Purchase Act 1965
What is Section 155(2) primarily used for?
To acquire interests and rights over land through creating new interests, mainly for pipeline easements
46
What notice periods are required for pipe works under Section 159?
* 3 months for new works
* 42 days for existing pipe alterations
* No notice required in emergencies
47
What are the main entry rights under Sections 168-172?
* Boreholes and surveys
* Water searches
* Regulation compliance
* Sewage inspections
* Meter reading
48
Where is compensation for entry-related damages covered?
Under Schedule 6
49
What are the five main types of compensation under Schedule 12?
* Street work powers
* Pipe laying works on private land
* Sewage works
* Metering works
* Discharge works
50
What three sections are covered by Schedule 1 compensation?
* Section 158: Pipe laying in streets
* Section 161: Works for pollution prevention
* Section 162: Meter-related works
51
What are the two key duties of undertakers regarding works?
1. Minimize damage during works
2. Compensate for losses and damages
52
Who can make compensation claims for business disruption?
Claims are not limited to those with land interests, though business disruption claims are typically contested by water companies
53
# Water Industry Act 1991 (amended 2003)
What three types of works are covered under Section 12 (paragraphs 2 and 3)?
* Pipe laying works (Section 159)
* Pollution prevention works (Section 161)
* Stop clock installation (Section 163)
54
# Water Industry Act 1991 (amended 2003)
What does compensation include for private land?
* Depreciation in land value
* Other losses or damages
* Equivalent compensation to compulsory purchase scenarios
55
# Water Industry Act 1991 (amended 2003)
Where are compensation disputes referred to?
Disputes are referred to the Land Tribunal, assessed under Section 5 of the Land Compensation Act 1961's market value rules
56
# Section 5 of the Land Compensation Act 1961
What is Rule 1 of the Land Compensation Act 1961's market value rules?
No allowance shall be made for the acquisition being compulsory.
57
# Section 5 of the Land Compensation Act 1961
What is Rule 2 regarding land value?
The land value shall be taken as the amount it might realize if sold in the open market by a willing seller.
58
# Section 5 of the Land Compensation Act 1961
What are the two conditions under Rule 3 where special suitability of land is not considered?
1) When it could only be applied through statutory powers
2) When it has no market apart from authorities with compulsory purchase powers
59
# Section 5 of the Land Compensation Act 1961
What does Rule 4 exclude from value consideration?
Increased value due to unlawful use or use detrimental to health
60
# Section 5 of the Land Compensation Act 1961
Under Rule 5, when can compensation be based on reinstatement costs?
For land with no general market demand, if the Land Tribunal is satisfied reinstatement elsewhere is genuinely intended
61
# Section 5 of the Land Compensation Act 1961
What does Rule 6 specify about Rule 2?
Rule 2 shall not affect compensation assessment for disturbance or matters not directly related to land value
62
Which case examined land value depreciation from water pipe installation?
St John's College, Oxford v Thames Water (1990)
63
What was significant about the St. John's College case regarding water pipeline compensation?
The case established that pipe-related damage affected not just the pipeline strip but the entire farm, leading to diminished property value.
64
What is the standard benchmark for water pipeline compensation established by the St. John's case?
50% of the land's vacant possession value
65
Can compensation rates vary from the 50% benchmark?
Yes - higher rates can be claimed with evidence of greater depreciation, and water companies can argue for lower rates when circumstances warrant
66
What type of compensation was payable under the pre-1991 legislation?
Compensation was payable to any person with land interest for damage or injurious affection caused by inspection, laying, repairing, alteration, renewal or removal of water mains
67
What are the two conditions where compensation is not provided under Schedule 6?
1) When the loss was due to claimant's fault
2) When the loss is compensatable elsewhere in the Act
68
How are disputes resolved regarding compensation?
Through a single arbitrator, appointed either by agreement between parties or by the President, Land Tribunal, or Secretary of State
69
What are the two main purposes for which water companies can enter land?
1) To inspect, maintain, and repair pipes
2) To adjust or alter existing infrastructure
70
What are the key points about development impact and pipelines?
* Pipeline installation can sterilise development potential
* Water companies must move pipes for land improvements (Section 185)
* Companies can recover relocation costs from developers
71
What are the five main duties of the Environment Agency in England and Wales?
1) Conserving and managing water resources
2) Securing proper use of water resources
3) Coordinating with water undertakers
4) Monitoring pollution in controlled waters
5) Managing flood defense through regional committees
72
# The Gas Act 1986 (amended 1995)
What is the Gas Act 1986's main purpose?
It grants rights to public gas transporters who are licensed to convey gas through pipeline systems.
73
# The Gas Act 1986 (amended 1995)
Who regulates gas transporters and how is the network operated?
OFGEM regulates transporters, National Grid operates the High Pressure System, and five companies operate the distribution network.
74
# The Gas Act 1986 (amended 1995)
What are the three key duties of gas transporters?
1) Develop and maintain efficient pipeline systems
2) Connect premises to gas networks
3) Follow the Gas Code regarding consumer connections and supply
75
# The Gas Act 1986 (amended 1995)
What are the key points about land access powers under the Gas Act?
* More limited than other utilities
* Schedule 3 allows compulsory purchase
* Rights follow Land Compensation Act 1961
* New pipes need negotiation (no statutory notice)
* 7-day notice for repairs (except emergencies)
76
# The Gas Act 1986 (amended 1995)
What are the main compensation elements under the Gas Act?
* Land value depreciation
* Damage from severance
* 85% of freehold value for easement areas
* Additional severance compensation
* Street works losses (added in 1995)
77
What is the main purpose of the Electricity Act 1989?
It governs electricity providers, who must be licensed to generate, transmit, distribute, or supply electricity.
78
Who regulates electricity providers and what is the fee structure?
Regulated by Ofgem, with National Grid and distribution companies using standardized fee scales.
79
What are the two main obligations of electricity distributors?
1) Maintain efficient, coordinated systems
2) Connect premises to distribution system (with some exceptions)
80
# Electricity Act 1989
What land acquisition powers does Schedule 3 grant?
Powers to compulsorily acquire land for authorized activities and acquire land for commons and open spaces.
81
# Electricity Act 1989
How do electricity companies typically secure land rights?
While they can acquire land outright, they typically secure rights through easements or wayleaves.
82
What is a Permanent Easement and what are its key features?
A Permanent Easement is:
* Used when landowner/long lease holder can agree under lease terms
* Recorded as a deed with land registry
* Gives electricity company rights to erect, maintain, repair, and replace apparatus
83
What is a Short-term Easement and when is it used?
A Short-term Easement is:
* Similar to permanent easements but less common
* Often used when future development is anticipated
84
What are the key characteristics of an Annual Wayleave?
An Annual Wayleave:
* Is the most common arrangement for agricultural land
* Agreements over 10 years old are usually personal to original landowner
* Includes 6-12 month notice to quit provision
85
What key aspects should be examined in deed wording?
Three main considerations:
* Access provisions
* Modern developments (e.g., fiber optic cables)
* Statutory compensation rights for damages
86
What is the notice to quit process for electricity equipment?
1. Landowner serves notice under Schedule 4 of Electricity Act 1989
2. Electricity company has 3 months to:
* Agree to terms
* Apply for necessary wayleave
* Make compulsory purchase order
3. If no action taken, company must remove equipment
Important: Accepting rent payments after serving notice can invalidate it.
87
What are the key features of Annual Wayleave Agreements?
* Traditional agreements were between landowners and electricity companies
* Newer agreements often include fixed 15-21 year terms binding subsequent owners
* Companies cannot legally mandate these terms
* Landowners may negotiate agreement terms
88
What are Necessary Wayleaves and when are they issued?
* Issued by the Secretary of State after an annual wayleave notice to quit
* Triggered when new terms cannot be agreed upon
* Landowner may request a wayleave hearing
89
What are the key elements of the wayleave hearing process?
Four main aspects:
* Electricity companies must justify keeping lines in place
* Landowners can represent themselves or use a land agent
* Alternative routes and removal costs are considered
* Public good of power supply is a key factor
90
What is the typical duration of necessary wayleaves and what happens after?
Necessary wayleaves typically last 15 years before converting to annual agreements. After this, landowners gain negotiating leverage as companies must request hearings or face opposition.
91
What should landowners consider regarding capitalizing wayleave payments?
Two key considerations:
* Negotiate easement terms before serving notice to quit annual wayleave
* Consider maintaining annual wayleaves to preserve relationships with electricity companies
92
What is the current status of health concerns regarding power lines?
SAGE recommended a precautionary approach in their 2017 interim report, but the government hasn't yet acted on this guidance. For valuations, annual wayleave agreements may offer better compensation if power lines negatively affect property values.
93
How do license holders obtain landowner consent for new equipment?
Through either:
* Direct agreement with landowner
* Statutory means if agreement fails:
- Permanent easement under Schedule 3 of 1989 Act
- Necessary wayleave from Department for Business Innovation and Skills
94
What additional requirements must license holders meet after obtaining consent?
Two key requirements:
* Schedule 37 consent from DBIS for construction
* Planning approval (deemed given if local authority doesn't object to Section 37 consent)
95
What laws govern the process and how do compensation rights vary?
Process governed by:
* Acquisition of Land Act 1981
* Compulsory Purchase Act 1965
Compensation rights vary based on whether assessment is under Schedule 3 (permanent easement) or Schedule 4 (wayleave).
96
What are the four main types of compensation claims for permanent easements under Schedule 3?
The four main types are:
* Land taken
* Severance
* Injurious affection
* Disturbance
97
How did the Land Compensation Act 1973 change compensation assessment for powerlines?
Pre-1973: Injurious affection claims only applied to parts crossing the property and couldn't claim for neighboring pylons/poles
Post-1973: The entire scheme's effects on the property can be considered
98
What were the key details of the Taurus Investments Ltd v CEGB (1981) case?
* Electricity line on pylons crossed housing development site
* Taurus terminated existing wayleave
* CEGB acquired permanent easement (January 1980)
* Claim was £245,323 for loss in value
* CEGB offered £39,684
* Tribunal awarded £65,700
99
What governs wayleave compensation and what are its key elements?
Governed by Schedule 4 of Electricity Act 1989
* Follows rules of equivalence (McLeod v National Grid 1998)
* Key elements include:
- Land taken
- Severance
- Injurious affection
- Disturbance
100
What are the key aspects of Short-Term Agreements and compensation?
* Annual agreements may become inadequate with changing circumstances
* McLeod case showed commercial development can exceed standard payments
* Compensation can be based on:
- Actual loss
- Loss in perpetuity (decapitalized over term length)
101
What are the main pieces of telecommunications legislation?
Key legislation includes:
* Telecoms Act 1984 (Schedule 2)
* Communications Act 2003 (amendments)
* Schedule 7 licensing requirements
102
What powers do telecommunications license holders have?
* Secretary of State/Director General can issue, revoke, or vary licenses
* Ofcom regulates license holders
* Under Schedule 4 of Communications Act 2003:
- Have compulsory purchase powers (with authorisation)
- Have entry rights (28 days' notice)
103
What are the requirements for acquiring rights over land for telecommunications?
* Written agreement required from occupier
* If occupier isn't landowner, owner must agree in writing
* Exception: when equipment provides communication services to occupier
104
What is the standard negotiation process for telecommunications agreements?
* Operator negotiates wayleave agreement with occupier/landowner
* If consent not obtained, operator may serve 28-day notice
* Court can grant order if agreement not reached
105
What are the key provisions for telecommunications rights and compensation?
Four main provisions:
* Rights must not restrict access to other land
* Landowners can claim compensation for property value depreciation
* Disputes settled by lands tribunal
* Operator pays reasonable valuation and legal expenses
106
What rights do landowners have regarding equipment alterations?
Under Paragraph 16:
* Landowners and adjacent property owners can request alterations
* Requests must be for improvements or development purposes
* Operators have 28 days to serve counter notice
* Court orders possible if no agreement reached
107
What conditions must be met for a court to grant an alteration order?
Three key conditions:
* The alteration must be deemed necessary
* It won't interfere with network service
* It considers the principle of reasonable network access
Note: The requesting party typically bears alteration costs
108
What is the process for apparatus removal?
Three step process:
1. Submit written notices to the operator
2. Allow 28 days for operator's counter notice
3. Seek court order if no agreement is reached
109
What are the key elements of BT's wayleave policy since 2001?
Three main points:
* No backdating of wayleave payments for non-existing agreements
* Must enter into wayleave agreements under Telecoms Act Code Paragraph 4
* No legal requirement to backdate payments
110
What is the basis for claiming agents' fees?
The right arises when compulsory powers are used or threatened. Without compulsion, it's just a normal negotiation.
111
What statutory rights do claimants have regarding professional fees?
Claimants have a statutory right to compensation for reasonable losses, including professional representation costs.
112
What are the key elements of payment structure for agents' fees?
* Professional fees are part of the claim against utility company
* Reasonable costs must be compensated
* Time and expenses preferred over traditional fee scales
113
What was the government's 2001 position on fee scales?
Fee scales were declared archaic and anti-competitive. The government supported reimbursing all reasonably incurred professional fees.
114
What did London County Council v. Tobin (1959) establish?
It established that legal and accounting fees for claim preparation are compensatable.
115
What did Lee v. Minister of Transport (1965) confirm?
It confirmed the longstanding practice of compensating professional fees.
116
What precedent did Matthews v. Environment Agency (2001) set?
* Supported payment of actual fees rather than scale rates
* Established precedent for utilities companies
117
What is the key consideration when charging hourly rates?
Fees must be reasonable and supported by accurate time recording.
118
What are the main types of problems encountered when land is taken or used?
Two main categories:
1. Practical issues (poor reinstatement of Topsoil, damaged field drains)
2. Wider concerns (subcontractor responsibilities, late compensation payments)
119
What are the three main steps for resolving disputes over land use?
1. Negotiation (primary method, preferred by utility companies)
2. Withholding Permission (though may not work with formal notices)
3. Regulatory Bodies (Ofwat, Ofgem, Ofcom can assist when companies act outside license terms)
120
What is the Lands Tribunal and who comprises it?
It's an independent judicial body (now Upper Tribunal) that handles land disputes, consisting of chartered surveyors and lawyers, led by a barrister.
121
What are the three types of claim procedures available in the Lands Tribunal?
1. Standard Procedure: Formal court-style hearing, requires legal representation, most costly
2. Simplified Procedure: Informal hearing, requires agreement from both parties, professional valuers can advocate
3. Written Representation: No hearing required, evidence submitted through statements
122
What happened to the Tribunal Service in 2009?
The service underwent reforms establishing a two-tiered system of chambers, but there are currently no plans for a first-tier chamber for land cases.
