Former owners expected to get ‘first refusal’ on scrapped HS2 land - claim

Landowners who had their land compulsorily purchased by the government for HS2 are being urged to seek expert advice if they plan on buying their land back.

It comes after Prime Minister Rishi Sunak last week scrapped the Birmingham to Manchester portion of the high-speed rail line, citing costs and claiming funding will be diverted to other projects.

Property consultancy Fisher German, which advised many landowners affected by the proposed Phase 2 route, said it is expecting the Government to offer former landowners the first chance to repurchase the land they were forced to sell.

Hugh Maxfield, partner at Fisher German’s Knutsford office, worked with several clients whose land was needed for Phase 2 to go ahead, is advising landowners to get on the front foot.

He said: “Landowners who were forced to sell up along the planned Phase 2 route due to compulsory purchase orders may now be wondering if they have any recourse to reacquire their land and property.

“While detailed guidance has not yet been published by the government, HS2 has confirmed that ‘any property that is no longer required for HS2 will be sold and a programme is being developed to do this’.

“In practice, we expect this will mean that Crichel Down Rules will apply. This means the original landowners should have first refusal to buy back their land from the government so long as it hasn’t materially changed.

“However, the legal small print is complex, and we would urge any landowner wishing to buy their land back to seek advice.”

Associate partner James Boddington added: “There are many different factors to consider, such as individual lease-holding arrangements, whether all of the land can be purchased if certain parts have had material changes, and whether the current value of the land has increased or decreased.

“We would encourage former landowners to have assessed their situation as thoroughly as possible before committing to a decision.”