The Local Government Reorganisation (Wales) (Property etc.) Order 1996

Land vested in different bodies

18.—(1) This paragraph applies to any land parts of which are, by virtue of this Order, vested in different bodies.

(2) Where any easement or other right over one part (“the servient part”) of any land to which paragraph (1) applies is required to enable another such part (“the dominant part”) to be used, or to enable the full benefit of that part to be enjoyed, the body in which the dominant part is vested may serve notice (“the initial notice”) on the body in which the servient part is vested specifying the easement or other right required and demanding that it be granted on the terms specified in the notice (“the specified terms”).

(3) The body on which the initial notice is served shall grant the required easement or other right on the specified terms unless within 3 months of receiving the initial notice it serves a counter-notice stating that it does not agree that the easement or other right is so required or that it does not accept the specified terms.

(4) Any question as to whether an easement or other right is so required or as to the specified terms shall be determined by a person agreed on by the parties concerned or, in default of agreement, appointed by the Secretary of State.

(5) Section 31 of the Arbitration Act 1950(1) shall have effect for the purposes of a determination under paragraph (4) as if such a determination were an arbitration under any other Act within the meaning of that section.

(1)

1950 c. 27; section 31 was repealed in part by the Arbitration Act 1975 (c. 3), section 8(2), and amended by the Arbitration Act 1979 (c. 42), section 7(1).