[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1920

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1920 - SECT 1

1.(1) Where land which, or an interest in which, has been or is hereafter
acquired under the Defence of the Realm (Acquisition of Land) Act, 1916
(hereinafter referred to as the principal Act), was immediately before its
acquisition subject to a restrictive covenant which before the fourth day of
November, nineteen hundred and twenty, had lawfully been contravened, and the
land or interest therein is disposed of in pursuance of the powers conferred
by section five of that Act, it may be disposed of free from the restriction
imposed by the covenant, and shall be deemed to have been so disposed of, if
expressed to be disposed of in pursuance of the powers conferred by the
principal Act and this Act but not otherwise:

Provided that, where the covenant is one entered into for the protection and
maintenance of any building scheme, or for the preservation of the amenities
of any dwelling-house in the occupation of a person entitled to enforce the
covenant, this section shall not apply unless the Railway and Canal
Commission, on the application of the occupying department, and having regard
to all the circumstances of the case, direct that it shall apply.

(2) Where any such land or interest is disposed of free from such restriction,
no person shall have the right of enforcing the covenant against the person to
whom the land or interest is disposed of or his successors in title, but if at
any time after such disposition any person who, but for this section, would
have had a right to enforce the covenant, establishes such right, there shall
be paid to him compensation to be determined in manner provided by the Lands
Clauses Act as modified by the principal Act and the
Acquisition of Land (Assessment of Compensation) Act, 1919, with respect to
interests in lands which have been omitted to be purchased, and upon payment
of such compensation the right shall, as against him and all persons deriving
title through him, be absolutely discharged:

Provided that, in assessing the compensation, the official arbitrator shall
take into consideration any compensation which may have been paid or be
payable in respect of the covenant under section four of the principal Act.
Any compensation payable under the foregoing provisions shall be paid out of
moneys provided by Parliament, but the sum to be expended in respect thereof
shall not exceed fifty thousand pounds.

© 1920 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/dotrola1920321/s1.html