Article 18 Private rightsI1

England, Wales and Scotland

(1)

Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order shall be extinguished—

(a)

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

(b)

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

whichever is the earliest.

(2)

Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under this article (and including those lands included in column (1) of Schedule 6 (land in which only new rights etc. may be acquired)) shall be extinguished in so far as their continuance would be inconsistent with the exercise of the right—

(a)

as from the date of acquisition of the right by the undertakers, whether compulsorily or by agreement; or

(b)

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

whichever is the earlier.

(3)

Subject to the provisions of this article, all private rights over land of which the undertakers takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertakers remains in lawful possession of the land.

(4)

Any person who suffers loss by the extinguishment or suspension of any private right under this article shall be entitled to compensation in accordance with the terms of section 152 of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5)

This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or F1article 26 (statutory undertakers) applies.

(6)

Paragraphs (1) to (3) shall have effect subject to—

(a)

any notice given by the undertakers before—

(i)

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

(ii)

the undertakers’s entry onto it; or

(iii)

the undertakers’s taking temporary possession of it,

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 undertakers and the person in or to whom the right of way in question is vested or belongs.

(7)

If any such agreement as is referred to in paragraph (6)(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 shall be effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(8)

Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.

Annotations

Textual amendments

F1: Words in art. 18(5) substituted (25.3.2016) by The East Anglia ONE Offshore Wind Farm (Corrections and Amendments) Order 2016 (S.I. 2016/447), art. 1, Sch. 1

Commencement

I1: Art. 18 in force at 7.7.2014, see art. 1