37Partial interests in land

37. Partial interests in land

(1) Where, whether by way of agreement or by way of a compulsory taking under Part 9 of the Land Administration Act 1997, an energy operator seeks to acquire an estate or interest in or relating to any land that is less than is held by the person from whom the acquisition is sought, the energy operator may, subject to section 45(12), acquire such lesser estate or interest and shall not be required to acquire the whole of the estate or interest held by that person.

(2) Where the estate or interest of an energy operator is recorded on, or by way of memorial in the register relating to, the title to the land —

(a) that estate or interest shall enure for the benefit of the energy operator and run with the land notwithstanding any sale, subdivision or other dealing with that land by the owner or occupier for the time being, but any such estate or interest may be relinquished by the energy operator; and

(b) the benefit of any right, restriction or covenant in relation to the use of land granted to or held by the energy operator may be enforced by the energy operator to the like extent as if the energy operator were possessed of adjacent land for the benefit of which the same was to enure.

(3) Except where the estate or interest to be acquired under this section is one of a particular kind prescribed by reference to a standard form or abbreviated description pursuant to section 38, a description sufficient to identify that estate or interest shall be set out in any notice served under Part 9 of the Land Administration Act 1997, or any document of transfer when that notice or document of transfer is read together with any plan or other document to which that notice or document of transfer refers.

[Section 37 amended: No. 89 of 1994 s. 39 and 41; No. 31 of 1997 s. 26(2) and 142; No. 58 of 1999 s. 83(1) and (3).]