168.Subsection (3) applies where compensation is payable under section 52(1)(b) and the part of the land affected by the landlord’s notice of intention to resume along with any land resumed following any previous such notice together amount to less than a quarter of either the area or rental value of the original land comprised in the lease constituting the tenancy. In these cases then, provided that the remainder of the land is reasonably capable of being farmed separately, then the compensation is payable only in respect of that part of the land to which the landlord’s current notice of intention to resume relates.
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