The Internal Drainage Boards (Acquisition of New Interests and Rights) Regulations 1977

11.  For section 8(1) of that Act (protection for vendor against severance of house, garden, etc) there shall be substituted the following:—

“(1) No person shall be required to grant any interest in or right over part only—

(a) of any house, building or manufactory, or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determines that—

(i) in the case of a house, building or manufactory, the part over which the interest or right is proposed to be acquired can be made subject to that interest or right without material detriment to the house, building or manufactory, or

(ii) in the case of a park or garden, the part in or over which the interest or right is proposed to be acquired can be made subject to that interest or right without seriously affecting the amenity or convenience of the house;

and if the Lands Tribunal so determine, the Tribunal shall award compensation in respect of any loss due to the acquisition of the interest or right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that interest or right over that part of the house, building, manufactory, park or garden.

   

(1A) In considering the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal shall have regard not only to the interest or right which is to be acquired in or over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.”.