PART 5

POWERS OF ACQUISITION

Private rights over land
28
1
Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished—
a
on the date of acquisition of the land 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) (powers of entry) of the 1965 Act,
whichever is the earlier.
2
Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant—
a
on the date of the acquisition of the right or the benefit of the restrictive covenant 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,
whichever is the earlier.
3
Subject to the provisions of this article, all private rights over land owned by the undertaker which, being within the limits of land which may be acquired or used shown on the land plans, are required for the purposes of this Order are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.
4
Subject to the provisions of this article, all private rights 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 under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.
6
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 35 (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 the acquisition of the rights or the imposition of the 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 at any time between the undertaker and the person in or to whom the right in question is vested or belongs.
8
If any such agreement 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
References in this article to private rights over land include any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.
Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016 (c. 22).
Section 152 was amended by S.I. 2009/1307.
Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.
Art. 28 in force at 2.9.2022, see art. 1