PART 5ACQUISITION AND POSSESSION OF LAND

Private Rights

article 31 + 31.—(1) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—

article 31 1 a + (a)as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

article 31 1 b + (b)on the date of entry on the land by the undertaker under section 11(1)(1) (power of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 28 (compulsory acquisition of rights and imposition of restrictive covenants) are extinguished in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant—

article 31 2 a + (a)as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired or the restrictive covenant is imposed compulsorily, by agreement or through the grant of lease of the land by agreement); or

article 31 2 b + (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.

(3) Subject to the provisions of this article, all private rights over any part of the Order land that is owned by, vested in or acquired by the undertaker, including the land specified in article 26(4)(a) (compulsory acquisition of land), 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 the Order land specified in article 26(4)(b) are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(5) Subject to the provisions of this article, 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.

(6) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenants under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(7) This article does not apply in relation to any right to which section 138(2) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc) of the 2008 Act or article 41 (statutory undertakers) applies.

(8) Paragraphs (1) to (4) have effect subject to—

article 31 8 a + (a)any notice given by the undertaker before—

article 31 8 a i + (i)the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;

article 31 8 a ii + (ii)the undertaker’s appropriation of the land;

article 31 8 a iii + (iii)the undertaker’s entry onto the land;

article 31 8 a iv + (iv)the commencement of any activity on land authorised by this Order which interferes with or breaches any private rights over land; or

article 31 8 a v + (v)the undertaker’s taking temporary possession of the land,

that any or all of those paragraphs do not apply to any right specified in the notice; or

article 31 8 b + (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.

(9) If an agreement referred to in paragraph (8)(b)—

article 31 9 a + (a)is made with a person in or to whom the right is vested or belongs; and

article 31 9 b + (b)is expressed to have effect also for the benefit of those deriving title from or under that person,

the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(10) Reference in this article to private rights over land includes reference to any right of way, right of navigation, 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.