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Coles & Co can provide you with advice and assistance on all land compensation matters whether or not compulsory purchase powers have been exercised.
Compensation may be payable ... if your property is injuriously affected (its value has diminished) as a result of public works:

  • New or improved highways

  • artificial lighting schemes

  • airports

  • fire stations

  • any other public works

Guidance notes on compulsory purchase and land compensation

For initial consultation without obligation, contact:Peter J Gerdes MRICS (Consultant Surveyor)
(over 23 years with VOA)
or
Norman Coles FNAEA
on:
01622 763322

 

 

 

COMPULSORY PURCHASE & LAND COMPENSATION

Coles & Company act for many clients/claimants affected by Public Schemes e.g. Motorways Road Improvements, High Speed Rail Link etc. where land including rights in/or over land are taken or affected by Public Works. This is complex and specialised work where the average layman should always take professional advice and guidance.

The current Compensation Code is normally assessed in accordance with the provisions of the Land Compensation Acts 1961, 1973, the Compulsory Purchase Act 1965, the Town & Country Planning Act 1990 and the Planning & Compensation Act 1991. There are other less frequently used statutes affecting compensation e.g. the Housing Acts 1957 to 1988, the Pipelines Act 1962 etc.

The basis of an assessment of compensation is usually open market value (OMV), but in arriving at OMV all the relevant statutory rules and provisions must be applied.

Entitlement to compensation under the above mentioned criteria may be enjoyed by the following classes of persons:- A person required to convey or surrender an interest in land to the Acquiring Authority; A person whose interest in land is depreciated in value, although no part of it is acquired - usually arises under Land Compensation Act 1973 - Part I (as amended); A person who is displaced from a dwelling on land compulsorily acquired and in some cases a person who is displaced from lawful possession of any land acquired under compulsory powers but has not personally any compensatable interest in the said land.

From the above it can be seen that the Compensation Code is indeed specialised in nature -claimants will usually have their fees paid by the Compensating Authority but we at Coles & Company strongly urge you to take advice if you feel you may be eligible under any of the above mentioned categories.

Purchase Notices and Blight Notices
It is also worth mentioning that there are circumstances where Government Departments and Local Authorities may be compelled to purchase land, rights in/over land etc. in response to the service of a Purchase or Blight Notice depending on the circumstances of the particular case.

For further help and guidance contact Norman Coles FNAEA or Peter Gerdes MRICS on Maidstone
01622 763322.