ABSTRACT
This chapter is concerned, first, with the liability of a public authority for nuisance, and then with the rights, if any, to compensation in lieu of any remedy at law whether in nuisance or otherwise. In the former case, if the owner's retained land was held with the land acquired from him and the retained land is affected by the proposed activities of the acquiring authority, the owner may claim compensation for the depreciation in value of that retained land. If the construction or execution of works amount to a breach of a restrictive covenant, the covenantee, the person whose land benefits from the covenant, may also claim compensation: see Long Eaton Recreation Grounds Co v Midland Ry. As roads are often built by developers in association with residential and other schemes, and developers frequently indemnify the local highways authority against Part I claims, there is an incentive on developers to delay adoption and take advantage of the three-year rule.
