Tree and vegetation clearance works have now started on the A46 road improvement scheme between Newark and Widmerpool. Parts of the route are now marked out and new fences are being erected, allowing property owners close to the road to better understand how the new road is going to affect them.
Fisher German are negotiating compensation for many of the landowners, farming tenants, property and business owners who will have land and property compulsorily acquired from them, but what about those near to the improved road who will feel the effects but have no land taken?
Under Part 1 of the Land Compensation Act 1973, compensation is available for the reduction in value of a property, even if no land is compulsorily acquired. The reduction in value must be as a direct result of the use of the road from the following physical factors:
James Pegrum, who is working from Fisher German’s Nottinghamshire office - based only a few miles from the affected section of the A46 - explains that “visual impact of the improved road is not compensated under Part 1 of the 1973 Act but other effects, most commonly increased noise and artificial lighting, are. It is only use of the road that gives rise to a Part 1 claim”.
A Part 1 claim cannot be made until at least 12 months after the road is opened to public traffic. James adds “this should not deter those with a potential claim from seeking professional advice now in order to be properly represented when the time comes”. The Highways Agency expects the road to be completed in about 2 years' time.
The Highway Authority are obliged to pay reasonable surveyors' and legal fees incurred by the claimant for negotiation of a Part 1 claim. Fisher German are qualified and experienced to act on your behalf and ensure a fair level of compensation is achieved.
Tenants as well as freehold owners may qualify for compensation if they have at least 3 years to run on the tenancy before the date when the road was open to public traffic.
If you think you may be eligible for compensation, please contact either James Pegrum or Richard Scriven at our Newark office on 01949 851815.
