JK technical competencies > Buzzwords > Flashcards

Buzzwords Flashcards

Quick word association for key items (96 cards)

Study These Flashcards
1
Q

Lease

A
  • Exclusive possession
  • Street v Mountford
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2
Q

Relevant Pipe

A
  • Any water main, resource main, discharge pipe or service pipe
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3
Q

Implied Wayleave

A

Accepting payment

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4
Q

Necessary Wayleave

A
  • Para 6 Schedule 4
  • 21 days notice
  • Power to install electricity lines in private land and keep them there
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5
Q

Adverse Possession

A
  • Non legal owner can become legal owner
  • 10 years possession if registered
  • 12 years in unregistered
  • “occupying without objection”
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6
Q

Crown Land

A
  • Special category land
  • Cannot serve notice
  • Cannot purchase except in exceptional circumstances
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7
Q

Escheat

A

Ownerless freehold land returned to crown

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8
Q

Common Land Docs

A

CLP 2 Form
Commons Act 2006 (s38)
National Trust Act 1971 (s23)
Greater London Parks and Open Spaces Order 1967 (article 12)

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9
Q

Expert Witness

A
  • Duty to the court
  • Appointed by client
  • Surveyors Acting as Expert Witnesses (4th ed)
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10
Q

Surveyors Acting As Expert Witnesses (4th ed)

A
  • Clear instructions
  • Clear terms of engagement
  • Difference between expert and advocate (advocate still has duty to client)
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11
Q

Land Compensation Act 1961

A

6 Rules of Compensation (section 5)

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12
Q

Compulsory Purchase Act 1965

A

Injurious Affection (section 10)

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13
Q

Land Compensation Act 1973

A

Occupiers receive loss

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14
Q

Severance

A

Physical separation of land

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15
Q

Injurious Affection

A

Broader negative impacts on the retained land.

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16
Q

Pre-Application (DCO)

A
  • Land rights strategy
  • Property cost estimate
  • FEED
  • Consultation
  • Surveys
  • Book of reference
  • Statement of reasons
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17
Q

Acceptance (DCO)

A

Section 56

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18
Q

Section 134 Notice

A
  • Notice to all parties about acquisition of land
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19
Q

DCO

A
  • Planning incorporated with CPO
  • Get your own act
  • Designed for NSIPs
  • Planning inspectorate
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20
Q

Notice to treat

A
  • NTT served
  • Within 3 years of CPO confirmation
  • Notice to enter served no less than 3 months before entry
  • Conveyancing done separately
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21
Q

General Vesting Declaration

A
  • Section 6 notices (Compulsory Purchase (Vesting Declarations) Act 1981) issued
  • Within 3 years of CPO confirmation
  • Vesting date confirmed (at least 3 months away)
  • Rights to AA, Compensation to Landowner
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22
Q

Horn V Sunderland (1941)

A

Rule of equivalence

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23
Q

Surveyors advising in respect of compulsory purchase and compensation (2017 /2024)

A
  • Demonstrate Case Law
  • Shadow negotiations (voluntary)
  • Only submit what you can professionally support
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24
Q

Crichel Downs Rules

A

Offering CPO’d land back to previous owner if surplus within first 25 years

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25
Requirement for CPO
Compelling case in the public interest. Last resort.
26
Statutory Blight
- Value reduced due to public project
27
Betterment
Acquiring authority increases the value of land - Taken off comp for CPO - Not taken off for voluntary sales
28
Statutory compensation (CPO)
50% land value (St John's College V Thames Water)
29
Hope Value
Potential value planning permission would add to land subject to CPO
30
Interim of DCO acceptance
Heads of terms for option agreement made.
31
CPO objected
CPO inquiry
32
CPO inquiry
- AA presents - Objectors present - Gather information to inform decision
33
Table 2 Interests
Rights over affected land, but not owner/occupier
34
Valuation date (GVD)
Vesting date
35
Valuation date (NTT)
Entry date
36
Contact referencing
- Verifies non-contact referencing - Obtains info on unregistered land
37
Special category land
Cannot be compulsorily acquired e.g. Crown, NT, Common
38
Statement of reasons
- Reasoning behind seeking compulsory acquisition rights - Lands team input plots and type of rights
39
Examination (CPO)
- Right to hearing - Negotiations to remove objections
40
Hedge and ditch
Ditch is boundary
41
Ad medium filum
- Legal presumption - Land abutting highway or watercourse, owned by same person up to centerline if unregisted
42
Mains River Consultee
Environment Agency
43
Ordinary Watercourse Consultee
LPA
44
First registration
- Check - Apply (1925) - Scale Plan - Forms - Fee - Send
45
OS Mapping Limitation
No private property boundaries
46
Fixed boundary
- Exact, legal line - Requires formal application (Determined)
47
Prescriptive rights
- > 20 years - Uninterrupted use of someone else's land
48
OC2 Form
How public obtains deeds
49
Ransom strip
Small strip is barrier to larger adjacent land
50
Extent of registered title
- Physical area of land defined - Red line
51
Legal profession request
- ID - Power of attorney - Court decrees - Deeds - HMLR info
52
Legal profession report back
- Boundary disputes - Easements - Valuations
53
Precision
Repeat measurement & get same result (measure of units used)
54
Accuracy
Correctness of the result (nearest bullseye)
55
High resolution
= Large scale = detail E.g. 1:100
56
Low resolution
= Small scale e.g world map
57
Geodesy
How we map sphere onto 2-d surfaces
58
Gross Margin
Revenue - Cost of Goods sold
59
1 acre
2.471 hectares
60
Crop rotations
- Reduces disease - Improves Fertility - Reduces Risk
61
Break crop
- Disrupts cycles of weeds/pests - Improves soil e.g. OSR, Peas, Beans
62
Comparable evidence
- Comprehensive - Similar - Recent - Verifiable
63
Surveying Safely (RICS) 2018
- Personal and corporate responsibilities - Assessing risks and hazards - Visiting sites - Fire safety - General procurement and management of contractors
64
Risk assessment
1. Identify risk 2. Assess likelihood of risk and consequences 3. Mitigation measures to reduce likelihood / severity of risk
65
SSSI
Site of special scientific interest distinctive flora, fauna or geological features Consultation with LPA, consents from Natural England
66
BNG
Requirement for developers to have a measurably positive impact on biodiversity
67
S106 agreement
Legally binding planning obligation
68
Conservation covenant
Agreement to conserve natural/heritage features Added to title
69
Cross compliance
Ended 2023, was linked to BPS. e.g. maintenance of footpaths
70
Environmental Protection Act 1990
Handling of Japanese Knotweed
71
SFI
Public money for public goods
72
s14 of W&C act 1981
Offence to grow or plant Japanese Knotweed
73
Bird Nesting Season
1st March - 31st August
74
SFI example
CHRW2 - £13 per 100m for one side of an eligible hedgerow per year
75
Landscape recovery
e.g. tree planting
76
Countryside stewardship
High tier - more complex + important sites e.g. restoring heathland Mid tier - e.g. managing hedgerows
77
Agriculture Act
ELMS
78
Environment Act 2021
BNG, Net Zero
79
Duty of care
- Party does not suffer harm/loss as a result of negligence - Be competent
80
Client Care
Looking after the clients best interests and providing an appropriate service that satisfies client needs
81
Reporting Systems, Mitigating Risk
- Inform of hazards - Up to date information - Plan ahead
82
Water rates (Fees)
Rates were up to: - £160/hr Partner - £140/hr 5 years more qualified - £125/hr less than 5 years qualified - £80 - Assistant or trainee
83
CPO timescales
12-18 month total Valuations Legal fees + time Consulting periods Negotiations Book of reference Compensations Surveys Statement of reasons
84
Warrant
Magistrates court Evidence 14 days notice
85
H&S standards of client
- Challenge unsafe conditions - RAMS to be issued prior to surveys - Dynamic risk assessment on site
86
Heads of claim
- Parties - Crop loss - Reinstatement costs - Grantors time - Other matters
87
National Character Area
- Natural subdivision of England - Follows Natural boundaries rather than administrative boundaries
88
Heads of terms for easement
PDRP-RCI 1. Parties 2. Rights - access in this case 3. Duration (perpetuity) 4. Plan and reference 5. Responsibilities of landowner and client 6. Consideration 7. Indemnities
89
Option Agreement (BNG)
- Not 30 years - Initial 3 year period - Lease
90
Crown Copyright
- Government documents - Expires after 50 years
91
Subsoil rights
- Centre of earth - Heavens in sky - Presumption 1000ft
92
Tools/research used for crop loss claims
- AHDB - NAAC - ABC - Google Earth
93
Biosecurity disenfectant
DEFRA-approved Virkon S Disinfectant
94
CPO documents supplied
- CPO Maps - Public Openspace statement - Statement of reasons - CPO notice under Gas Act 1986 (Schedule 3) and ALA 1981
95
Cotes Grassland
Lowland Neutral Grassland Habitat
96
Adverse Possession Form
ADV1 Form + Statement of Truth
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