Section 8 Interpretation and application.I1
England and Wales
Any reference in this Act to an “entry” upon any servient land includes a reference to the doing on that land of anything necessary for carrying out the works to the dominant land which are reasonably necessary for its preservation; and “enter” shall be construed accordingly.
This Act applies in relation to any obstruction of, or other interference with, a right over, or interest in, any land as it applies in relation to an entry upon that land; and “enter” and “entry” shall be construed accordingly.
In this Act—
“access order” has the meaning given by section 1(1) above;
“applicant” means a person making an application for an access order and, subject to section 4 above, “the respondent” means the respondent, or any of the respondents, to such an application;
“the court” means the High Court or F1the county court;
“the dominant land” and “the servient land” respectively have the meanings given by section 1(1) above, but subject, in the case of servient land, to section 2(1) above;
“land” does not include a highway;
“the specified works” means the works specified in the access order in pursuance of section 2(1)(a) above.
Annotations
Textual amendments
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Words in s. 8(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement
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S. 8 wholly in force at 31.1.1993 by s. 9(2) and S.I. 1992/3349, art. 2