Tithe Act 1951

4 Mistake as to ownership of land not to invalidate redemption or reduction of an annuity

(1) Where, either before or after the commencement of this Act, a payment has been made by any person, as being the owner of any land, pursuant to a redemption notice served on him under section fifteen of the principal Act or to a notice served on him under subsection (7) of that section, or for the purposes of the redemption or reduction under subsection (6) or (9) of that section of an annuity charged in respect of that land, and it has appeared after the making of the payment that the person making it was not in fact the owner of that land, the provisions of that section for the extinguishment, discharge or reduction of the relevant annuity shall be treated as having taken effect notwithstanding that fact, and the person making the payment shall not be entitled to recover it.

(2) Subsection (10) of the said section fifteen (which provides for the granting to a person making a payment for the redemption of an annuity of a charge on any land in respect of which the annuity was charged) shall apply in favour of a person making a payment pursuant to a notice under subsection (7) of that section as respects any land in respect of which the relevant annuity would have been charged if the notice had not been served, and in favour of a person making a payment for the purposes of the reduction of an annuity under subsection (9) thereof.