over land affecting land under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land. 

(5) Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. 

## Private rights over land 

24. —(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished— 

(a) from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or 

(b) on the date of entry on the land by the undertaker under section 11(1)( a ) (powers of entry) of the 1965 Act, 

whichever is the earlier. 

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant— 

(a) as from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or 

(b) on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act, 

whichever is the earlier. 

(3) Subject to the provisions of this article, all private rights over land owned by the undertaker that are within the Order limits are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights. 

(4) Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land. 

(5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act. 

(6) This article does not apply in relation to any right to which section 138( b ) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 31 (statutory undertakers) applies. 

(7) Paragraphs (1) to (4) have effect subject to— 

(a) any notice given by the undertaker before— 

(i) the completion of the acquisition of the land or the acquisition of the rights or the imposition of restrictive covenants over or affecting the land; 

(ii) the undertaker’s appropriation of it; 

(iii) the undertaker’s entry onto it; or 

(iv) the undertaker’s taking temporary possession of it, 

that any or all of those paragraphs do not apply to any right specified in the notice; and 

