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DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1916 - SECT 5

Power to sell land acquired under Act.

5.(1) Where any land or any interest therein has by virtue of this Act been
acquired by any Government department the department may at any time
thereafter sell, lease, or otherwise dispose of the land or interest.

(2) Where any such land is disposed of, then on the execution and delivery to
the purchaser by the Government department concerned of the necessary or
proper assurance of the land disposed of, the purchaser shall notwithstanding
any defect in the title of such Government department thereto stand possessed
thereof for such estate or interest as may be expressed or intended to be
assured to him, freed and absolutely discharged (save as in the assurance may
be expressed) from all prior estates, interests, rights, and claims therein or
thereto:

Provided that if at any time after such disposition any such prior estate,
interest, right, or claim as aforesaid is established by the person entitled
thereto, there shall be paid to such person compensation to be determined in
manner provided by the Lands Clauses Acts, as modified by this Act, with
respect to interests in lands which by mistake have been omitted to be
purchased.

(3) Before any Government department sell any land so acquired or interest
therein they shall, unless such land is land upon which buildings of a
permanent nature have been erected wholly or partly at the expense of the
State or at the request of, or by arrangement with, any Government department,
or is land used in connection with such buildings, first offer to sell the
same to the person then entitled to the lands (if any) from which the same
were originally severed....

(4) If any such persons be desirous of purchasing such lands, then within six
weeks after such offer they shall signify their desire in that behalf to the
Government department concerned, or if they decline such offers or if for six
weeks they neglect to signify their desire to purchase such lands, the right
of pre-emption of every such person so declining or neglecting in respect of
the lands included in such offer shall cease.

(5) If any person entitled to such pre-emption be desirous of purchasing any
such lands and such person and the Government department concerned do not
agree as to the price thereof, or other consideration therefor, then such
price or other consideration shall be determined in manner provided by
this Act.

(6) The provisions of the last three foregoing subsections shall apply in the
case of a lease of land for a term exceeding twenty-one years in like manner
as they apply to a sale of land, except where the land is leased for the
purpose of the development thereof in connection with any factory, building,
camp, or other premises erected or established on land retained by the
Government.

© 1916 Crown Copyright

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