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Access and Rights over land - Coggle Diagram
Access and Rights over land
Gas act 1986
regulated OFGEM
enables the rights to acquire land or rights over land inc to swap for common land
schedule 3A as inserted by the Digital Economy act 2017
para 6, Wayleaves, licencs holder can apply to SoS to grant wayleave if landowner will not negotiate
Para 7, compensation if no wayleave grated but done under compulsory powers
rent is assumed that its not for network providers and more than one site that could be used.
comp under compensation act 1961
Case Law
Vodafone V Hanover capital LTD
if protected tenancy must be renewed under the provisions of the 54 Act
this will be caculated at market rent
when this lease renews then new code powers come in
awarded a 10 year lease with a 5 year break.
WIA 1991
S.155 compulsory acquire land, anywhere in england or wales for fuction of pipeline
S.159, power to lay pipe and keep pipe below or above ground.
3 months to lay
42 days to do work to existing
S.167 power to apply to SoS for composer work order
S.168 entry for work purpose, for serveys and test prior to works
7 day notice
Sch 12, sets out basis of comp in decrees in val of land, damage to land and disturbance cause by works under S.159
if dispute then land tribunal
Communication act 2003
Schedule 3A
electronic communication code
sets out the rights to facilitate the installation and maintenance of network
allows the installation of apparatus on, under or over land, and maintain apparatus