Partial interests in land, acquisition of
75 Partial interests in land, acquisition of
Where, whether by way of agreement or by way of a compulsory taking under Part 9 of the Land Administration Act 1997, the Minister seeks the acquisition of an estate or interest in or relating to any land that is less than is held by the person from whom the acquisition is sought, the lesser estate or interest may, subject to section 81(11), be acquired instead of acquiring the whole of the estate or interest held by that person.
Where an estate or interest of the Minister of the kind referred to in subsection (1) is recorded on, or by way of memorial in the register relating to, the title to the land —
that estate or interest shall enure for the benefit of the Minister and run with the land notwithstanding any sale, subdivision or other dealing with that land by the owner or occupier for the time being, but any such estate or interest may be relinquished by the Minister; and
the benefit of any right, restriction or covenant in relation to the use of land granted to or held by the Minister may be enforced by the Minister to the like extent as if the Minister were possessed of adjacent land for the benefit of which the same was to enure.
[Section 75 inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 34 and 42; No. 31 of 1997 s. 137(7); No. 25 of 2005 s. 61; No. 38 of 2007 s. 135; No. 25 of 2012 s. 109.]
[76. Deleted: No. 73 of 1995 s. 35.]
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