Owners and tenants of property may find themselves subject to Compulsory Purchase Orders. These are rare but can have a very significant impact on the clients interest in property.

Acquiring authorities will serve Compulsory Purchase Orders where they feel it is necessary to acquire land for regeneration development or public infrastructure works. Examples may include highway construction or town centre regeneration.

The acquiring authority, for example a Local Authority, may notify occupiers of their proposals in advance of service of a Compulsory Purchase Order (CPO). This can result in a negotiated settlement without the need for a CPO. Where a negotiated settlement cannot be reached a CPO may be served and this triggers the formal process of acquisition by the acquiring authority. We will advise the client and liaise with the clients solicitor during the legal process, making recommendations as to the basis of claim whether this be by way of compensation for market value or reinstatement of the clients property to a suitable alternative location. There are a number of bases upon which a claim can be pursued and it is important to establish the correct base from the outset.

Negotiations with the acquiring authority are conducted within the framework of the Compulsory Purchase Order procedure with various heads of claim being submitted on behalf of the client. Settlement of claims are usually reached by negotiation with the acquiring authority. If negotiations do not produce satisfactory settlement of claim, an appeal can be made to the Lands Tribunal.

Professional fees incurred by the client during the CPO procedure also form part of the claim against the acquiring authority which results in the majority of, if not all, professional fees and costs being reimbursed to the client.

Please click here or the [ VIEW CASES ] button above to view cases for illustrations of past compulsory purchase work.