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Not all the land belonged to Brandling, and the Act gave him power to obtain wayleave.
However he was again unable to obtain wayleave from his other neighbour, Colonel Dawson.
As a result they needed an Act of Parliament to build, to enforce the sale of wayleave by landowners.
To avoid wayleave payments to property owners and to lessen possible claims for damage during construction and operation, the CLR tunnels were directly under public streets.
Although Heywood had obtained wayleave, it could only be a temporary arrangement, since, for a private railway, the council was not able to enter in an agreement which bound its successors.
Not all the land traversed by the wagonway belonged to Brandling, and it was the first railway to be authorised by Act of Parliament, since this would give him power to obtain wayleave.
Later, when the Board wanted to supply Upper Bolney Farm by crossing the course, water was conveyed to the greens as part of the wayleave deal at the rate of 10s. 0d. a green or £9 inclusive.
Although an Act of Parliament allowed railway companies compulsory purchase of wayleave, some powerful landowners objected to railways being built across their land and raised objections in Parliament to prevent the bill from being passed.
The GWR continued to pay the wayleave rental to the Duchy of Cornwall for the Phoenix and Cornwall lines until 1933, but legal abandonment of the L&CR lines took place in 1931.
Realising the enormous commercial potential, BR Telecommunications Limited (BRT) was created in 1992 to exploit its wayleave rights and to take responsibility for the management and maintenance of the industry's voice, data and radio networks associated with the operational running of the railway and its business needs.
The line was built following the streets above rather than running underneath buildings, because purchase of wayleave under private properties would have been expensive, and as a result one line runs above another in places, with platforms at different levels at St Paul's, Chancery Lane and Notting Hill Gate stations.