ABSTRACT

This chapter provides that where a notice of entry is served on an occupier, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice. The ultimate and most significant power, in relation to a compulsory purchase, is the right of the acquiring authority to enter and take possession of land without the consent of the owner: indeed, that entry can be enforced, if necessary. If the authority seeks possession of certain land before compensation has been agreed or determined, then provided a notice to treat has been served in respect of any of the land, it may use one of the two procedures described to effect an entry without the owner's consent. Compensation is assessed as at the date of entry and without regard to any improvements carried out by the authority meanwhile.