45 Agreements with landowners.E+W
(1)This section has effect as respects any power conferred by this Act on F1...F2... any local authority to enter into agreements with landowners and other persons having interests in land.
(2)Schedule 2 to the M1Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement as it applies to such a covenant.
(3)Where a landowner, or other person having an interest in the land, by the agreement grants or agrees to grant any right as respects the land, the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.
(4)Any such agreement may be made either irrevocably or subject to such provisions for revocation or variation as may be specified in the agreement.
(5)For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of any such agreement shall be disregarded.
Textual Amendments
F1Words in s. 45(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 54, Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)
F2Words in s. 45(1) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 2(6)
Modifications etc. (not altering text)
C1Ss. 43-45 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C2S. 45 functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(xxiii) (with art. 35)
C3S. 45 functions made exercisable concurrently (E.W) (with effect in accordance with art. 25(1) of the amending S.I.) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1), (1), (2)(xxiii) (with art. 35)
Marginal Citations