Access & Rights Over Land Flashcards
(16 cards)
What is the difference between a lease and a licence?
A lease has exclusive possession of the site. This was determined in Street v Mountford.
It is therefore best practice not to fence off a compound
How are streetworks covered?
New roads and streetworks act 1991
What does “inside the act mean”?
Inside the act means that the tenant has been granted the right to renew the lease, and protects against unfair rent increases.
In what circumstance could you not serve notice in relation to a water scheme?
If work was not to be taken on a “relevant pipe” - also if the scheme was not a recognised project by a recognised authority.
What is a relevant pipe?
Any water main, resource main, discharge pipe or service pipe
In the water industry, how are warrants granted?
Schedule 6 - but can also obtain under s75 and s170 for leaks etc.,
For long term thinking, what does s159 of the WIA provide?
A protected strip into perpetuity
What does s104 of the WIA detail?
Creating drainage for a new site (Sewer etc.,). At some point the drain will be vested in the relevant undertaker.
What are prescriptive rights?
For pipes which don’t have any documentation but have been in place for more than 20 years.
What is an implied wayleave?
Where the relevant person has accepted payment in relation to the apparatus, but not necessarily had anything in writing.
What is the notice period for wayleaves for National Grid for survey/maintenance work?
7 days
What is a necessary wayleave?
The power to install electric lines in private land and keep them there. The licence holder will apply under para 6 of schedule 4 of the electricity act 1989. 21 days notice is required.
In electricity, how do you enter someone’s land for a survey if they do not agree to access and do not have a wayleave or easement?
There are no warrant or notice powers available, so you would need an injunction which would be lengthy and need to be justified in court.
A licence is legally binding - true or false?
False.
What section of the electricity act are emergency rights covered under?
Para 1, schedule 6. Provided notice is given ASAP.
What section of the electricity act is tree felling covered under?
Para 9, Schedule 4. 21 days notice is required.
