Commentary on provisions of the Act Schedule 15: Extinction of rights over land Private rights
Paragraphs 2 to 4 deal with the extinction of private rights as defined by paragraph 2(3). These include private rights of way, rights of common and restrictions as to the user of land.
	Paragraph 2 provides the general position that private rights over land within the Act limits which is held by the Secretary of State for Phase One purposes are extinguished. Where only rights are acquired, or restrictive covenants imposed, for Phase One purposes in relation to land within the Act limits, private rights are only extinguished if and to the extent that they are inconsistent with the exercise of the acquired right or the restrictive covenant.
	However, paragraph 3(3) sets out certain rights to which paragraph 2 does not apply and are not therefore extinguished. These include rights of statutory undertakers in relation to their apparatus
	Further, paragraph 3(1) and (2) enable the Secretary of State to direct that any particular private right is not to be extinguished under paragraph 2, either wholly or in part.
	Paragraph 4 provides that compensation is payable to anyone who suffers loss as a result of the extinguishment of private rights under the Schedule, with disputes about such compensation to be determined under the Land Compensation Act 1961. This does not apply to rights of common in respect of which compensation is payable under Schedule 4 to the Compulsory Purchase Act 1965.
	Paragraphs 5 and 6 deal with the extinction of general rights over land, as defined by paragraph 5(3). These include rights of access to, or other public rights over, land under any enactment and rights exercisable under trusts over commons, town or village greens, open space or allotments.