ABSTRACT

The repeal of that legislation, in the face of representations from landowning and professional bodies, means that the claimant's valuer has to have even more regard to hope value, already a problematic area for compulsory purchase, when considering any claim for land taken. The basic legal framework is that established by consolidating legislation in 1845. The claims fall separately between the two, with the tenant claiming disturbance and the landlord the rest for example; each will have potential claims for their interest in the land which has been taken and both may suffer from injurious affection and severance. The basic principle applied in the United Kingdom is that of equivalence, so that affected person is left no worse off than before and is to be no better off, however much their property may have been taken against their wishes and across all their plans.