PART 9

GENERAL PROVISIONS

Giving notices and other documents

Giving notices etc. to persons occupying or with an interest in land
137
1
This section (in addition to section 136) applies where a provision contained in or made under this Act requires or authorises notification or a document to be given—
a
to a person as having an interest in land, or
b
to a person as an occupier of land.
2
Where the notification or other document is to be given to a person as having an interest in land, and the name of the person cannot be discovered after making reasonable inquiries, the notification or document may be addressed to the person as “the owner” of the land, describing the land.
3
Where the notification or other document is to be given to a person as an occupier of land it may be addressed to the person by name or as “the occupier” of the land, describing the land.
4
Subsection (5) applies—
a
where—
i
a notification or other document is to be given to a person as having an interest in land,
ii
the person’s usual or last known place of residence cannot be discovered after making reasonable inquiries, and
iii
the person has not given an address for the service of the document, or
b
where a document is to be given to a person as an occupier of land.
5
The notification or other document is given for the purpose of this Act if it is addressed to the person, clearly marked as an important communication affecting the person’s property, and is—
a
sent to the land by post and not returned as undelivered,
b
handed to a person who is, or appears to be, resident or employed in or on the land, or
c
attached conspicuously to the land or to an object on or near the land.
S. 137 in force at 4.6.2024, see s. 147(1)(c)