Article 29 Power to override easements and other rightsI1

England and Wales

(1)

Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a)

an interference with an interest or right to which this article applies; or

(b)

a breach of a restriction as to the use of the land arising by virtue of a contract.

(2)

Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or Network Rail or by any person authorised by them) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a)

an interference with an interest or right to which this article applies; or

(b)

a breach of a restriction as to the use of the land arising by virtue of a contract.

(3)

The interests and rights to which this article applies include 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 includes restrictions as to the use of land arising by virtue of a contract.

(4)

Where an interest, right or restriction is overridden by paragraphs (1) or (2) compensation—

(a)

is payable under section 10^f1 (further provision as to compensation for injurious affection) of the 1965 Act as applied by section 152^f2 (compensation in cases where no right to claim in nuisance) of the 2008 Act; and

(b)

is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i)

the compensation is to be estimated in connection with a purchase under that Act; or

(ii)

the injury arises from the execution of works on or use of land acquired under that Act.

(5)

Where a relevant person—

(a)

is liable to pay compensation by virtue of paragraph (4); and

(b)

fails to discharge that liability,

the liability is enforceable against the undertaker.

(6)

Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraphs (1) or (2) of this article.

(7)

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 or article 37 (statutory undertakers and electronic communications code network operators) applies.

(8)

In this article—

“authorised activity” means—
1. (a)
  
  the erection, construction or maintenance of any part of the authorised development;
2. (b)
  
  the exercise of any power authorised by this Order; or
3. (c)
  
  the use of any Order land (including the temporary use of land) for the purposes of the authorised development; and
“relevant person” means—
1. (a)
  
  a person deriving title under the undertaker;
2. (b)
  
  Network Rail; or
3. (c)
  
  a person deriving title under Network Rail.

Article 29 Power to override easements and other rightsI1

Annotations

Commencement

Footnotes