PART 5

POWERS OF ACQUISITION

Extinguishment and suspension of private rights
23
1
Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—
a
as from the date of acquisition by the undertaker of the land 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 (power of entry),
whichever is the earlier.
2
Subject to the provisions of this article, all private rights and restrictive covenants over land owned by the undertaker which, being within the Order limits, is required for the purposes of this Order, are extinguished on the commencement of any activity authorised by this Order which interferes with or breaches such rights or such restrictive covenants.
3
Subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition of rights or the imposition of restrictions under the Order must be extinguished in so far as their continuance would be inconsistent with the exercise of the right acquired or the burden of the restriction imposed—
a
as from the date of the acquisition of the right or the benefit of the restriction 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 in pursuance of the right;
whichever is the earlier.
4
Subject to the provisions of this article and article 24 (extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or WPD removed from land subject to temporary possession), all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
5
Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
6
This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 33 (statutory undertakers) applies.
7
Paragraphs (1) to (4) have effect subject to—
a
any notice given by the undertaker before—
i
the completion of the acquisition of the land or rights or the imposition of restrictive covenants over or affecting the land;
ii
the undertaker’s appropriation of it;
iii
the undertaker’s entry onto it; or
iv
the undertaker’s taking temporary possession of it,
that any or all of those paragraphs do not apply to any right specified in the notice; and
b
any agreement made, in so far as it relates to the authorised development, at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested, belongs or benefits.
8
If any such agreement as is referred to in paragraph (7)(b)—
a
is made with a person in or to whom the right is vested or belongs; and
b
is expressed to have effect also for the benefit of those deriving title from or under that person,
it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
9
A reference in this article to private rights and restrictive covenants over land includes any trust, incident, easement, wayleave, liberty, privilege, right or advantage annexed to land (including any land forming part of a common, open space or fuel or field garden allotment) and adversely affecting other land, including any natural right to support.