Highways Act 1980

87 Agreements for use of land for cattle-grids or by-passes. E+W

(1) A highway authority may, for the purpose of providing, altering or improving a cattle-grid or by-pass under the powers conferred by this Part of this Act, enter into an agreement under this section with persons interested in any land for the use of the land for that purpose; and (without prejudice to the provision of other matters in the agreement) there shall be exercisable by the highway authority and the public such rights over the land as may be specified in the agreement.

(2) An agreement under this section may contain provisions for payment to persons who are parties to it in consideration of the use of the land or otherwise in respect of their entering into the agreement.

(3) The provisions of an agreement under this section bind the interest of any person who is a party to the agreement notwithstanding any devolution of that interest, and also bind any interest of any person which is thereafter created (whether immediately or not) out of that interest; but save as aforesaid an agreement under this section shall not operate so as to prejudice the rights of a person not a party to it or confer upon any other person any right against him.

(4) A tenant for life may enter into an agreement under this section relating to the settled land or any part of it either for consideration or gratuitously, and—

(a) this subsection is to be construed as one with the M1 Settled Land Act 1925;

(b) that Act [F1 applies] as if the power conferred by this subsection had been conferred by that Act; and

(c) for the purposes of section 72 of the M2 Settled Land Act 1925 (disposition by a tenant for life) and of any other relevant statutory provision, entering into an agreement under this section is to be treated as a disposition.

(5) A university or college to which the M3 Universities and College Estates Act 1925 applies may enter into an agreement under this section relating to any land belonging to it either for consideration or gratuitously, and that Act applies as if the power conferred by this subsection had been conferred by that Act.

[F2 (6) Where land is—

(a) [F3 diocesan glebe land], the Diocesan Board of Finance in which the land is vested, with the consent of the Church Commissioners (unless such consent would not be required under [F4 section 21 of the Church Property Measure 2018] if the transaction were carried out under [F5 Part 2 of] that Measure),

(b) land belonging to an ecclesiastical benefice of the Church of England, the incumbent of the benefice, with the consent of the Diocesan Board of Finance, or

(c) part of the endowment of any other ecclesiastical corporation, the ecclesiastical corporation, with the consent of the Church Commissioners,

may enter into an agreement under this section relating to the land either for consideration or gratuitously and any payment made in respect of such agreement may be applied for purposes for which the proceeds of a sale by agreement of the property would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.]

[F6 (6A) In subsection (6)—

• “Diocesan Board of Finance” has the same meaning as “DBF” in the Church Property Measure 2018;

• “diocesan glebe land” has the same meaning as in that Measure.]

(7) An agreement under this section is a local land charge.

Textual Amendments

F1 Word in s. 87(4)(b) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para.19 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2.

F2 S. 87(6) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 14, Sch. 5 para. 22(1); {Instrument} dated 11.9.2006 signed by the Archbishops of Canterbury and York

F3 Words in s. 87(6)(a) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 17(2)(a); S.I. 2019/97, art. 2

F4 Words in s. 87(6)(a) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 17(2)(b); S.I. 2019/97, art. 2

F5 Words in s. 87(6)(a) inserted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 17(2)(c); S.I. 2019/97, art. 2

F6 S. 87(6A) inserted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 17(3); S.I. 2019/97, art. 2

Marginal Citations

M1 1925 c. 18.

M2 1925 c. 18.

M3 1925 c. 24.