Article 17 Private rightsI1

England, Wales and Scotland

(1)

Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under this Order are suspended and are unenforceable or, where so notified by the undertaker, extinguished insofar as in either case their continuance would be inconsistent with the exercise by the undertaker of the rights acquired—

(a)

as from the date of the acquisition of the rights 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) of the 1965 Act^f1 (power of entry),

whichever is earlier.

(2)

Subject to the provisions of this article, any private rights over the Order land owned by the undertaker are suspended and are unenforceable or, where so notified by the undertaker, extinguished insofar as in either case their continuance would be inconsistent with any activity authorised by this Order—

(a)

in the case of a suspension, as from the commencement of the activity authorised by this Order that interferes with such rights; and

(b)

in the case of an extinguishment, on the date specified in the notice given by the undertaker.

(3)

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

(4)

This article does not apply to any right in relation to which section 138 of the 2008 Act^f2 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 18 (statutory undertakers) applies.

(5)

Paragraph (1) has effect subject to any agreement made, insofar as it relates to the authorised development, at any time between the undertaker and the person in or to whom the right in question is vested, belongs or benefits.

(6)

If an agreement referred to in paragraph (5)—

(a)

is made with a person in or to whom the right 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.

(7)

Reference in this article to private rights over land includes any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

Annotations

Commencement

I1: Art. 17 in force at 30.12.2015, see art. 1

Footnotes

f1: Section 11 was amended by paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981, paragraph 12 of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1), Part 1 of Schedule 1 to the Housing (Consequential Provisions) Act 1985 (c.71) and paragraph 64 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).
f2: Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 (c.27).