Power to override easements and other rights
32.—(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—
(a)an interference with an interest or right to which this article applies; or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.
(2) In this article “authorised activity” means—
(a)the erection, construction or maintenance of any part of the authorised project;
(b)the exercise of any power authorised by this Order; or
(c)the use of any land (including the temporary use of land).
(3) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.
(4) Where an interest, right or restriction is overridden by paragraph (1), compensation—
(a)shall be payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and
(b)shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—
(i)the compensation is to be estimated in connection with a purchase under that Act; or
(ii)the injury arises from the execution of works on or use of land acquired under that Act.
(5) Where a person deriving title under the undertaker by whom the land in question was acquired—
(a)is liable to pay compensation by virtue of paragraph (4), and
(b)fails to discharge that liability,
the liability shall be enforceable against that undertaker.
(6) Nothing in this article shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.