Civil Aviation Act 1982

43 Rights granted over land to Secretary of State or CAA to bind grantor’s successors. U.K.

(1) Subject to section 55 below,where any person having an interest in land (in this section referred to as “the grantor”) grants or agrees to grant any relevant right in or in relation to that land—

(a) for any purpose connected with the exercise by the Secretary of State of his functions relating to civil aviation, to the Secretary of State, F1 . . .

(b) to the CAA,

• [F2 or,

  (c)

  for any purpose connected with the carrying out of the activities authorised by the licence, to a licence holder,]

• the grant or agreement shall, to the same extent that it is binding upon the grantor, be binding upon any person deriving title or otherwise claiming under the grantor, notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.

(2) In this section “relevant right” means any right, whether in perpetuity or for any other period and whether or not capable of subsisting as a legal estate (or, in Scotland, as an estate), in or in relation to land, including the following rights, that is to say—

(a) right to enter upon that land;

(b) a right to carry out and maintain works on that land;

(c) a right to install or maintain structures or apparatus on, under, over or across that land; and

(d) a right restrictive of the user of that land.

Textual Amendments

F1 Word in s. 43(1)(a) repealed (1.4.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. I(4); S.I. 2001/869, art. 2

F2 S. 43(1)(c) and the preceding word “or” inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 3 (with s. 106); S.I. 2001/869, art. 2