ABSTRACT

The majority of easements and wayleaves involve agricultural land and, where otherwise indicated in relation to sewers in particular, the practical implications are considered from an agricultural point of view. The initial role of the valuer depends on the nature of the claimant's interest. On larger schemes, the basis for the capital payment will have been agreed by the promoter with the Country Landowners Association (CLA) and National Farmer's Union (NFU), or their Scottish and Welsh equivalents. The power to construct sewers and water pipes was given under various Public Health Acts which were consolidated in the Water Industry Act 1991. It is obviously important that pipelines, buried manholes, cables and other underground equipment should be laid at sufficient depth to avoid damage to or by normal agricultural operations. In most pipeline deeds there is also provision for further claims arising from drainage problems that can be shown to have arisen from the construction of the pipeline.