Article 26 Private rightsI1

England, Wales and Scotland

(1)

Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished or suspended—

(a)

from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b)

on the date of entry on the land by the undertaker under section 11(1)^f1 (powers of entry) of the 1965 Act,

whichever is the earlier.

(2)

Subject to the provisions of this article, all private rights or restrictive covenants over land owned by the undertaker which are—

(a)

within the Order limits except the land shaded yellow on the land plans; and

(b)

required for the purposes of this Order,

cease to have effect in so far as their continuance would be inconsistent with any activity authorised by this Order which interferes with or breaches such rights or such restrictive covenants as from the date on which that activity has begun.

(3)

Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant—

(a)

as from the date of the acquisition of the right or the benefit of the restrictive covenant being imposed, whether compulsorily or by agreement;

(b)

on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right; or

(c)

on the beginning of any activity authorised by the Order which interferes with or breaches those rights,

whichever is the earlier.

(4)

Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.

(5)

All restrictive covenants contained in a transfer dated 19 April 1979 and made between (1) the right Honourable John Edward Pelham Earl of Yarborough and (2) Samuel James Parker and Maud Parker relating to land shown as plot 5/4 on sheet 5 of the land plans and described in the book of reference are extinguished on the date on which the authorised project is begun (within the meaning given in section 155 (when development begins) of the 2008 Act.

(6)

Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(7)

This article does not apply in relation to any right to which section 138^f2 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act, or where article 33 (statutory undertakers) applies.

(8)

Paragraphs (1) to (4) have effect subject to—

(a)

any notice given by the undertaker before—

(i)

the completion of the acquisition of the land or rights or the imposition of restrictive covenants over or affecting the land;

(ii)

the undertaker’s appropriation of the land;

(iii)

the undertaker’s entry onto the land; or

(iv)

the undertaker’s taking temporary possession of the land,

stating that any or all of those paragraphs do not apply to any right specified in the notice; and

(b)

any agreement made at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested, belongs or benefits.

(9)

If any such agreement as is referred to in sub-paragraph (8)(b)—

(a)

is made with a person in or to whom the right is vested or belongs; and

(b)

is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(10)

References in this article to private rights and restrictive covenants over land include any right of way, restrictive covenant, easement, trust, incident, wayleave, liberty, privilege, right or advantage annexed to land (including any land forming part of a common, open space or fuel or field garden allotment) and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Annotations

Commencement

I1: Art. 26 in force at 27.2.2025, see art. 1

Footnotes

f1: Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016.
f2: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.