ROADS (OPENING AND CLOSING) ACT 1991 - SECT 12

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 12

12—Power to make preliminary agreements

        (1)         The council may in accordance with this section make agreements for exchange or transfer in relation to land subject to a proposed road closure with the owners of land adjoining that land.

        (2)         An agreement for exchange or transfer may be made before or after deposit of the preliminary plan and statement pursuant to section 9 but must be made before the making of a road process order for closure of the road.

        (3)         A council may not make an agreement for transfer in relation to land subject to a proposed road closure unless—

            (a)         where adjoining land is owned by a person who owns land subject to a proposed road opening—the council first endeavours to secure an agreement for exchange with that person; and

            (b)         in any case—the council first invites offers from the owners of land adjoining the land subject to the proposed road closure.

        (4)         An agreement for exchange or transfer in relation to land is void—

            (a)         unless made in substantial compliance with this section; or

            (b)         if the road process is discontinued in respect of the land.

        (5)         In this section—

"owner" means—

            (a)         the owner in fee simple;

            (b)         the lessee under a Crown lease;

            (c)         the purchaser under an agreement to purchase from the Crown.