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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 124

Purchase by promoters of the undertaking, after entry on lands, of interests the purchase whereof may have been omitted by mistake.

124. If at any time after the promoters of the undertaking shall have entered
upon any lands which under the provisions of this or the special Act, or any
Act incorporated therewith, they were authorized to purchase, and which shall
be permanently required for the purposes of the special Act, any party shall
appear to be entitled to any estate, right, or interest in or charge affecting
such lands which the promoters of the undertaking shall through mistake or
inadvertence have failed or omitted duly to purchase or to pay compensation
for, then, whether the period allowed for the purchase of lands shall have
expired or not, the promoters of the undertaking shall remain in the
undisturbed possession of such lands, provided within six months after notice
of such estate, right, interest, or charge, in case the same shall not be
disputed by the promoters of the undertaking, or in case the same shall be
disputed then within six months after the right thereto shall have been
finally established by law in favour of the party claiming the same,
the promoters of the undertaking shall purchase or pay compensation for the
same, and shall also pay to such party, or to any other party who may
establish a right thereto, full compensation for the mesne profits or interest
which would have accrued to such parties respectively in respect thereof
during the interval between the entry of the promoters of the undertaking
thereon and the time of the payment of such purchase money or compensation by
the promoters of the undertaking, so far as such mesne profits or interest may
be recoverable in law and equity; and such purchase money or compensation
shall be agreed on or awarded and paid in like manner as according to the
provisions of this Act, the same respectively would have been agreed on or
awarded and paid in case the promoters of the undertaking had purchased such
estate, right, interest, or charge before their entering upon such land, or as
near thereto as circumstances will admit.

© 1845 Crown Copyright

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