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Paragraph 67 Acquisition of Apparatus

Original text. Later amendments are not shown.

(1)

Where the undertaker acquires land which is subject to any existing rights of Exolum and the provisions of paragraph 68(1) do not apply, the undertaker must—

(a)

retain any notice of the existing rights of Exolum on the title to the relevant land when registering the undertaker’s title to such acquired land; and

(b)

in instances where no such notice of the existing rights or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register include with its application to register title to the undertaker’s interest in such acquired land at the Land Registry a notice of the existing rights or other interest in relation to such acquired land; and

(c)

provide up to date official entry copies to Exolum within 20 working days of receipt of such up to date official entry copies.

(2)

Where the undertaker takes temporary possession of any land or carries out survey works on land in respect of which Exolum has Apparatus or Premises—

(a)

where reasonably necessary, Exolum may exercise its rights to access such land—

(i)

in an emergency, without notice; and

(ii)

in non-emergency circumstances, having first given not less than 14 days’ written notice to the undertaker in order to allow the parties to agree the timing of their respective works during the period of temporary possession; and

(b)

the undertaker must not remove or in any way alter Exolum’s rights in such land, unless in accordance with the provisions of this Order.