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The Network Rail (Waverley Steps) Order 2010

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Enforcement and registration of rights and obligations

31.—(1) Notwithstanding any enactment or rule of law, a servitude or other right acquired by Network Rail under article 15 or 16 or an obligation imposed under article 17 shall be enforceable—

(a)in the case of permanent rights over plot no. 3 acquired for the purpose of Work No. 2, by the roads authority; and

(b)in any other case, by Network Rail.

(2) A servitude, right, or obligation of the sort mentioned in paragraph (1) shall, unless otherwise expressly stated in the instrument by which it is created, be treated for all purposes as benefiting—

(a)in the case of paragraph (1)(a), the road comprised in Work No. 2; and

(b)in the case of paragraph (1)(b), the land from time to time held by Network Rail for the purpose of the authorised works.

(3) Notwithstanding sections 4(5) and 75 of the 2003 Act (which requires a real burden and a positive servitude to be registered against both the benefited property and the burdened property), where a servitude, right or obligation falls to be treated as mentioned in paragraph (2), the deed by which it is created shall be effective whether or not it is registered against the benefited property.

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