SCHEDULES
SCHEDULE 15Temporary possession and use of land
PART 3Suspension of rights and enforcement
Suspension of rights relating to land
8
1
All private rights over land of which the nominated undertaker takes possession under paragraph 1(1) or (2) or 6 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.
2
The nominated undertaker may, in relation to a private right, direct—
a
that sub-paragraph (1) does not apply to the right, or
b
that sub-paragraph (1) applies to the right only to the extent specified in the direction.
3
In this paragraph, “private rights” include—
a
private rights of way over land,
b
rights of common,
c
easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and
d
restrictions as to the user of land arising under a contract.
4
Any person who suffers loss by reason of the suspension of a right under sub-paragraph (1) is entitled to be compensated by the nominated undertaker.
5
Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.
6
This paragraph applies to a private right which is for the benefit of Crown land if the Crown authority consents (and consent may be subject to conditions).