159 Determination of counternotice by the Upper Tribunal

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COMPULSORY ACQUISITION vol 8(2)

159 Determination of counternotice by the Upper Tribunal

Copyright © 2025 LexisNexis

| Commentary

The role of the Upper Tribunal is similar whether a counternotice has been referred to the Tribunal in relation to a notice to treat or in relation to a general vesting declaration concerning where, in either case, there is an intention to acquire part of a house, building or factory. The balance of the land owned by the owner is referred to as the ‘additional land’, and the role of the Tribunal is to determine whether the authority ought to acquire the additional land or a part of it.

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G: IMPLEMENTING POWERS OF COMPULSORY PURCHASE

160 Severed half acres

161 Effect of notice to treat

162 Effect of notice to treat on existing contracts

163 Effect of notice on dealings by owner

164 Steps subsequent to notice to treat

165 Withdrawal of notice to treat

166 Entry with or without consent

167 Entry after notice

168 Effect of entry

169 Special provisions as to entry

170 Enforcement of the right of entry

171 Advance payment of compensation

172 Advance payments to mortgagees

173 Interest where advance payment made

174 Interests omitted from purchase

175 Provisions as to special interests

176 Mortgaged lands

177 Statutory provisions applicable in case of mortgaged land

178 Position where mortgaged land is of less value than amount secured

179 Provisions applying where part only of mortgaged land required