440. Property not to be included in compulsory rights orders.

A compulsory rights order1 cannot comprise any part of a building which, at the time when the order was made, was wholly or partly occupied as a dwelling house2, nor may it comprise any part of the land adjacent to such a building which, at that time, was occupied together with the whole or part of that building and either was within 50 yards from a part of that building3 or, provided it was not agricultural land4, formed part of a garden, yard, court or forecourt belonging to that building5.

No compulsory rights order could be made so as to