Commentary

18 Compulsory acquisition of rights of support for land

MINES, MINERALS AND LANDFILL vol 26(3)
| Commentary

18 Compulsory acquisition of rights of support for land

| Commentary

18 Compulsory acquisition of rights of support for land

At common law, when land is acquired compulsorily the acquiring authority has the same right of support from land (including minerals) retained as any individual purchasing that land by agreement would have, except to the extent that the right of support is varied or excepted by the statute under which the land is acquired, or by contract between the parties. Apart from the mining code provisions of the Railways Clauses Consolidation Act 1845, the Waterworks Clauses Act 1847 and the Acquisition of Land Act 1981, other statutes contain specific provisions relating

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