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LAND ACQUISITION AND COMPENSATION (NORTHERN

13.(1) Where an interest is subject to a mortgage

(a)a claim may be made by any mortgagee of the interest as if he were the
person entitled to that interest but without prejudice to the making of a
claim by that person;

(b)no compensation shall by payable in respect of the interest of the
mortgagee (as distinct from the interest which is subject to the mortgage);

(c)any compensation which is payable in respect of the interest which is
subject to the mortgage shall be paid to the mortgagee or, if there is more
than one mortgagee, to the first mortgagee and shall in either case be applied
by him as if it were proceeds of sale.

(2) Where the interest is held on trust for sale the compensation shall be
dealt with as if it were proceeds of sale arising under the trust.

(3) Where the interest is settled land for the purposes of the Settled Land
Acts 1882 to 1890 the compensation shall be treated as capital money arising
under those Acts.

(4) Where an interest in land is vested in trustees (other than a sole tenant
for life within the meaning of the Settled Land Acts 1882 to 1890) and a
person beneficially entitled (whether directly or derivatively) under the
trusts is entitled or permitted by reason of his interest to occupy the land,
Article 5 shall have effect as if occupation by that person were occupation by
the trustees in right of the interest vested in them.

© 2001 Crown Copyright

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