150.Paragraph (a) provides that a reserved right to claim compensation can be assigned and schedule 11 provides the appropriate form. It also makes clear that it will be possible to assign only part of the right to claim. Any assignation of part of a claim will be expressed as a proportion or percentage of each individual claim that may subsequently be made under section 35. Paragraph (b) makes it clear that a reserved right to claim compensation can be discharged or restricted by the person entitled to it. Provision is made for registration of such discharge or restriction and schedule 11 provides the appropriate form. This section is concerned with voluntary discharge or restriction. Section 44 (referral to Lands Tribunal of notice dispute) enables the owner of land affected by a notice reserving the right to compensation to apply to the Lands Tribunal for an order to have the notice discharged or restricted without the consent of the person entitled to it.
Explanatory Notes Commentary on Sections Part 4: Real Burdens Section 40: Assignation, discharge, or restriction, of reserved right to claim compensation