Regulation 4 Compensation following grant of rightsI1

England, Wales and Scotland Not yet in force

Subject to regulation 7(3) and (5)(b), compensation is payable under section 35A (compensation where rights granted pursuant to section 35(4) or 38(9A)) for loss and damage of the following descriptions–

(a)

depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)

depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c)

loss or damage, in relation to any relevant interest to which the grantor is entitled, which–

(i)

is attributable to the grant of the rights or the exercise of them;

(ii)

does not consist of depreciation in the value of that interest; and

(iii)

is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if that interest had been acquired compulsorily under the Acquisition of Land Act 1981^f1 or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947^f2 in pursuance of a notice to treat served on the date on which the rights were granted;

(d)

damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;

(e)

loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

Regulation 4 Compensation following grant of rightsI1

Annotations

Commencement

Footnotes