Article 32 Extinction or suspension of private rights of way

(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 TfL, whether compulsorily or by agreement; or

(b)

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

whichever is the sooner.

(2)

Subject to paragraph (6), all private rights of way over land owned by TfL which, being within the limits of deviation and of land to be acquired or used, is required for the purposes of this Order, are extinguished on the appropriation of the land for any of those purposes by TfL.

(3)

Subject to paragraph (6), all private rights of way over land of which TfL takes temporary possession under this Order are suspended and unenforceable for as long as TfL 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 does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act^f2 (extinguishment of rights of statutory undertakers, etc.), or paragraph 4(3) of Part 1 (protection for Network Rail) or paragraph 39(2) of Part 3 ( protection for electricity, gas water and sewerage undertakers) of Schedule 8 (protective provisions) applies.

(6)

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

(a)

any notice given by TfL before—

(i)

the completion of the acquisition of;

(ii)

TfL’s appropriation of;

(iii)

TfL’s entry onto; or

(iv)

TfL’s taking temporary possession of,

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

(b)

any agreement which makes reference to this article 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) between TfL and the person in or to whom the right of way in question is vested or belongs.

(7)

If any such agreement as is mentioned in sub-paragraph (6)(b) 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, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Annotations

Footnotes

f1: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.
f2: Section 272 was amended by paragraphs 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).