PART 3ACQUISITION AND POSSESSION OF LAND
Supplementary
Extinction or suspension of private rights of way26
1
Subject to paragraph (6), all private rights of way over land subject to compulsory acquisition under this Order are extinguished—
a
as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or
b
on the date of entry on the land by Network Rail under section 11(1)44 (powers of entry) of the 1965 Act,
whichever is the sooner.
2
Subject to paragraph (6), all private rights of way over land owned by Network Rail which, being within the Order limits, is required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.
3
Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right—
a
as from the date of the acquisition of the right by Network Rail, whether compulsorily or by agreement; or
b
on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,
whichever is the sooner.
4
Subject to paragraph (6), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.
5
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
6
This article does not apply in relation to any right of way to which section 271 or 27245 (extinguishment of rights of statutory undertakers etc.) of the 1990 Act applies.
7
a
any notice given by Network Rail before—
i
the completion of the acquisition of;
ii
Network Rail’s appropriation of;
iii
Network Rail’s entry onto; or
iv
Network Rail taking temporary possession of,
the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; and
b
any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.
8
If any such agreement as is mentioned in paragraph (7)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.