Agreement required for obstructing access etc.U.K.
3(1)A right conferred in accordance with paragraph 2 above or by paragraph 9, 10 or 11 below to execute any works on any land, to keep telecommunication apparatus installed on, under or over any land or to enter any land shall not be exercisable so as to interfere with or obstruct any means of entering or leaving any other land unless the occupier for the time being of the other land conferred, or is otherwise bound by, a right to interfere with or obstruct that means of entering or leaving the other land.
(2)The agreement in writing of the occupier for the time being of the other land shall be required for conferring any right for the purposes of sub-paragraph (1) above on the operator.
(3)The references in sub-paragraph (1) above to a means of entering or leaving any land include references to any means of entering or leaving the land provided for use in emergencies.
(4)Sub-paragraphs (2) to (7) of paragraph 2 above except sub-paragraph (3) shall apply (subject to the following provisions of this code) in relation to a right falling within sub-paragraph (1) above as they apply in relation to a right falling within paragraph 2(1) above.
(5)Nothing in this paragraph shall require the person who is the occupier of, or owns any interest in, any land which is a [F1street][F1road] or to which paragraph 11 below applies to agree to the exercise of any right on any other land.
Textual Amendments
F1Word substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(4)