Highways Act 1980

251 Rights acquired to be binding on successive owners of the land. E+W

(1) Where by a deed or other instrument in which—

(a) it is stated that it is made in pursuance of a compulsory acquisition of rights by virtue of section 250 above; or

(b) it is certified by a highway authority that the instrument is made in connection with the performance of their functions under this Act,

any person having an interest in the land grants or agrees to grant to a highway authority any right over the land, the grant or agreement is binding upon his successors in title and persons deriving title under him or them (otherwise than by a disposition taking effect before the date of the grant) to the same extent as it is binding upon the grantor, notwithstanding that it would not have been binding upon such persons apart from this subsection.

(2) Where by a deed poll under any provision of the Act of 1965 a highway authority vest in themselves any right over land as against some person having an interest in the land, that right is binding upon that person’s successors in title and persons deriving title under him or them (otherwise than by a disposition taking effect before the date of the deed poll) to the same extent as it is, or would have been, binding upon the first-mentioned person.

(3) The foregoing provisions of this section apply whether or not (apart from this section) the right in question is capable in law of binding interests in the land other than the interest of the grantor or, as the case may be, the person first-mentioned in subsection (2) above.

(4) Where under any provisions of this Act any right conferred by a deed or other instrument to which subsection (1) or (2) above applies is transferred from one highway authority to another, this section applies after the transfer in relation to the other highway authority as it applied before the transfer to the first-mentioned authority.

(5) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 251(5) repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 135, Sch. 11 para. 16, Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

Modifications etc. (not altering text)

C1 S. 251 modified by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 2, 19, Sch. 2, Pt. II para. 2(3)(b)

C2 S. 251 applied (with modifications) (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 2(6), Sch. 2 Pt. II para. 1(3)(b)

C3 S. 251 applied (with modifications) (16.7.1992) by Cattewater Reclamation Act 1992 (c. xiv), s. 5(2)

C4 S. 251(1)-(3) applied (with modifications) (5.11.1993) by 1993 c. 42, s. 5, Sch. 4 para. 1(2)(3)(b)

C5 S. 251(1)(2)(4) modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 12(g)(iv)