Prejudice to landowner is too high to impose Code rights on its land

The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. In order to impose rights against a reluctant landowner, the operator must establish that the prejudice caused to the landowner by the imposition of those rights can be adequately compensated in money and that the public benefit of imposing the rights outweighs that prejudice.

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Co-author: Trainee Solicitor, Mehran Azizi


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