Article 23 Private rightsI1

England and Wales

(1)

Subject to the provisions of this article, all private rights or restrictions over land subject to compulsory acquisition under article 19 (compulsory acquisition of land) cease to have effect in so far as their continuance would be inconsistent with the exercise of the powers under article 19—

(a)

as 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) (powers of entry) of the 1965 Act^f1

whichever is the earlier.

(2)

Subject to the provisions of this article, all private rights or restrictions over land subject to the compulsory acquisition of rights or the imposition of restrictions under article 21 (compulsory acquisition of rights) cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restriction—

(a)

as from the date of the acquisition of the right or the imposition of the restriction by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of lease of the land by agreement); or

(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,

whichever is the earlier.

(3)

Subject to the provisions of this article, all private rights or restrictions 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.

(4)

Any person who suffers loss by the extinguishment or suspension of any private right or restriction 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^f2 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5)

This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act^f3 or article 30 (statutory undertakers) applies.

(6)

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

(a)

any notice given by the undertaker before—

(i)

the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictions 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;

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

(b)

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

(7)

If an agreement referred to in paragraph (6)(b)—

(a)

is made with a person in or to whom the right or restriction in question is vested, belongs or benefits; and

(b)

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

the agreement is 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 any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land 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. 23 in force at 28.7.2025, see art. 1

Footnotes

f1: Section 11(1) was amended by section 186 of the Housing and Planning Act 2016, paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981 and S.I. 2006/2.
f2: Section 152 was amended by S.I. 2009/1307.
f3: Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.