Land owners hit by the Government’s HS2 high speed rail go-ahead need to sort out their holdings if they are to get maximum compensation, according to Lodders Solicitors in Stratford-upon-Avon.
Alastair Frew, partner leading Lodders HS2 Advisory Team, stressed it was important to seek specialist advice.
“If you are subject to a compulsory purchase order, your land will be acquired from you in return for payment of market value.
“If your land is not required for HS2 but is affected by it, you may be able to claim compensation for blight. Of course, it may be that part of your property is made subject to a CPO while the remainder is blighted. It is important to obtain the best outcome.
“Land should be properly valued and owners should do everything they can to maximise that value.”
Mr Frew cautioned: “If people have any large or small parcels of land which are unregistered or which they may be entitled to claim ownership it would be sensible to make application to the Land Registry. Registration as the Land Registry will document ownership of the land.”
And owners needed to be careful about wills and tax planning.
He went on: “Any land purchased will be subject to capital gains tax – there is a form of roll-over relief available when land is compulsorily acquired, but strict requirements must be met to obtain it.
“Tax may also need to be considered if there are receipts from minerals, borrow pits or camp sites arising from HS2 works. Succession planning and wills may need to be reviewed if the line has the potential to split up farm holdings.”
But, noted Mr Frew, some owners had very immediate problems.
“The exceptional hardship scheme is available to property owners who are in desperate need to sell but have been unable to do so as their property value has been substantially affected. Ensuring you meet with the eligibility criteria in order to make a successful claim can be difficult. If you are affected by HS2 in this way, we can assist you with a potential claim, in conjunction with a specialist valuation agent.”
The Lodders litigation team has fought CPO cases right up to the House of Lords – whose legal functions are now handled by the Supreme Court – and the firm’s tax specialists have done it all before for clients who were affected by the M40.
