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Clause 37—(Method Of Compulsory Acquisition Of Easements And Rights)

Volume 411: debated on Wednesday 30 May 1945

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I beg to move, in page 29, line 27, leave out "fourteen days," and insert "two months."

Under Sub-section (1) of this Clause the Minister, if he is of opinion that he will be unable, or unable without undue delay, to acquire an easement or right by agreement may execute a deed poll at any time after 14 days of the service of the notice. This limit seemed, on consideration, a little summary, and the Amendment substitutes two months, so as to give the parties time to negotiate.

Amendment agreed to.

I beg to move, in page 30, line 3, after "shall," insert:

"except for the purposes of proceedings commenced not later than two years after the execution thereof."
I am glad to inform the House that this also is an Amendment of relaxation. Under Sub-section (4), a statement in a deed poll, made in the acquiring of an easement, is held to be conclusive evidence. The requirements deal with various matters, including the service of notice to treat for an easement relating to water in which a special procedure is involved. While we do not think that the question should be unconditionally open to litigation, we have again, on consideration, thought that we might have been rather strict, and it is desired to leave the possibility of questioning the matter on the ground of publication open for a period of two years.

Amendment agreed to.