Article 35 Extinction or suspension of private rights of wayI1

England, Wales and Scotland

(1)

Subject to paragraph (6), all private rights of way over land subject to compulsory acquisition under this Order are extinguished—

(a)

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

(b)

on the date of entry on the land by the Company under section 11(1) of the 1965 Act,

whichever is the sooner.

(2)

Subject to paragraph (6), in respect of land owned by the Company or Network Rail and required for the purposes of this Order, all private rights of way are extinguished on the appropriation of the land for any of those purposes by the Company or Network Rail.

(3)

Subject to paragraph (6), all private rights of way over land of which the Company takes temporary possession under this Order are suspended and unenforceable for as long as the Company remains in lawful possession of the land.

(4)

Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5)

This article is subject to paragraph 6 of Schedule 14 (for the protection of specified undertakers) and does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 13 (provisions relating to statutory undertakers etc.) applies.

(6)

Paragraphs (1), (2) and (3) have effect subject to—

(a)

any notice given by the Company before the completion of the acquisition of the land, the Company’s appropriation of it, the Company’s entry onto it or the Company’s taking temporary possession of it that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b)

any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between the Company and the person in or to whom the right of way in question is vested or belongs.

(7)

Any such agreement as is mentioned in sub-paragraph (6)(b) which is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Annotations

Commencement

I1: Art. 35 in force at 13.11.2012, see art. 1