ABSTRACT
This chapter introduces 'the landowner' – the person who has the right to require removal of apparatus. It considers the landowner's removal rights. The chapter analyses the neighbour's removal rights, and considers how code rights may be detected. It discusses how the landowner can enforce the removal of apparatus, and also considers the enforcement of removal rights under other powers. The chapter looks at the alteration of apparatus in the case of street works, and analyses the separate application for restoration of land. It finally considers the orders that may be made under paragraphs 40 to 43. Paragraph 41 is dealing with the rights of a third party, other than the landowner, to require removal. It makes no reference to the prior termination of the agreement. A 'third party' is an expression commonly used to refer either to a third party to an agreement, or to an interested person who is not party to the agreement, but affected by it.
