(3) The following do not apply in connection with the exercise of the power under paragraph (1)  in relation to subsoil only—  (4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch, or  other construction forming part of a house, building or manufactory.  26. —(1) Subject to the provisions of this article, all private rights and restrictive covenants over  land subject to compulsory acquisition under this Order are extinguished—  whichever is the earliest.  (2) Subject to the provisions of this article, all private rights and restrictive covenants over land  subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this  Order are suspended and unenforceable or, where the owner of such rights or the person have the  benefit of such restrictive covenants is notified by the undertaker, extinguished, in so far as the  continuance of the right or the burden of the restrictive covenant would be inconsistent with the  exercise of the right or burden of the restrictive covenant by the undertaker—  whichever is the earliest.  (3) Subject to the provisions of this article and without limiting paragraph (1), all private rights  and restrictive covenants over land owned by the undertaker within the Order land are  extinguished on commencement of any activity authorised by this Order which interferes with or  breaches such rights.  (4) Subject to the provisions of this article, all private rights or restrictive covenants over land of  which the undertaker takes temporary possession under this Order are suspended and  unenforceable for as long as the undertaker remains in lawful possession of the land and so far as  their continuance would be inconsistent with the exercise of the temporary possession of that land.  (5) Any person who suffers loss by the extinguishment or suspension of any private right or the  imposition of a restrictive covenant under this Order is entitled to compensation to be determined,  in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961  Act.  (6) This article does not apply in relation to any right or apparatus to which section 138  (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act  or article 33 (statutory undertakers) applies.  (7) Paragraphs (1) to (4) have effect subject to—  19 (a) any notice given by the undertaker before—  (i) the completion of the acquisition of the land or the acquisition or creation of rights  over land or the imposition of restrictive covenants over or affecting the land;  (a) as from the date of acquisition of the right or imposition of the restriction by the  undertaker, whether compulsorily or by agreement; or  (b) on the date of entry onto the land by the undertaker under section 11(1) of the 1965 Act in  pursuance of the right,  (a) as from the date of acquisition of the land by the undertaker whether compulsorily or by  agreement;  (b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of  the 1965 Act; or  (c) on commencement of any activity authorised by the Order which interferes with or  breaches those rights,  (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965  Act;  (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting  declaration) to the 1981 Act; and  (c) section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.  Private rights 