Landowner Information

Please read our information on how we are supporting residents and businesses, as well as information on affected services.

The Council, as the acquiring authority is prepared to acquire land by agreement.  We will meet the reasonable costs of a professional advisor to act on your behalf in negotiations.  

Purchase / Acquisition costs

You are entitled to compensation for the land being acquired. The valuation date will usually be the date of possession. Compensation for the land being acquired is based on its market value.

Settlement of compensation

Some land could be acquired by private treaty. Each purchase will be in isolation and part payment will be made at Exchange of Contracts. The balance of payment will be made at Completion of sale. This is because land is acquired and not linked to date of occupation or Notice to Treat.

Severance and/or injurious affection

You may be entitled to compensation for severance and/or injurious affection.
Sometimes only a part of your land is acquired. There then may be an extra entitlement to compensation in respect of the adverse effect on the land you keep. The compensation is for the depreciation in value of the retained land. It is referred to as “severance” and/or “injurious affection”. The two elements of this claim should be considered in isolation. There may also be issues of betterment to consider.

Disturbance compensation

You could be compensated for the value of the land taken. Also you may be entitled to the compensation for being “disturbed” from land or premises. The right to compensation for disturbance only applies if the compensation for the land taken is based on existing use value.

Mitigation and accommodation works

We will try to minimise any impact of the scheme. We will also communicate between Cornwall Council and the landowners.

Whole of landholding

It may be possible to compel Cornwall Council to acquire the whole of your land if material detriment can be proved.

No land taken - part 1 claim

It may be possible to make a claim where no land is taken but where there is an adverse impact on your landholding. This claim is considered after the establishment of the scheme and after a year has elapsed.

More information

Highways England have published a document for landowners affected by Compulsory purchase. explaining the principles. Please note the latest Government guidance, Compulsory purchase process and the Crichel Down Rules. Land agents also produce their own guides which you may find useful.

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