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 and section 28 of the M2 Law of Property Act 1925 (which confers the powers of a tenant for life on trustees for sale), apply as if the power conferred by this subsection had been conferred by that Act; and

(c) for the purposes of section 72 of the M3 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 M4 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.

(6) Where land is glebe land or other land belonging to an ecclesiastical benefice, the incumbent of the benefice and, where land is part of the endowment of any other ecclesiastical corporation, the ecclesiastical corporation, may with the consent of the Church Commissioners enter into an agreement under this section relating to the land either for consideration or gratuitously, and the Ecclesiastical Leasing Acts apply as if the power conferred by this subsection had been conferred by those Acts, except that the consent of the patron of an ecclesiastical benefice is not requisite.

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

Marginal Citations

M1 1925 c. 18.

M2 1925 c. 20.

M3 1925 c. 18.

M4 1925 c. 24.