http://www.legislation.gov.uk/ukpga/1980/66/section/309Highways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-07-07Expert Participation2026-07-01 Part XIV Miscellaneous and Supplementary Provisions Determination of disputes as to compensation Compensation in respect of depreciation in value of interest in land subject to mortgage.309Where an interest in land is subject to a mortgage—aany compensation payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the mortgage;ba claim for the payment of any such compensation may be made by any mortgagee of the interest under a mortgage made before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person;ca mortgagee is not entitled to claim any such compensation in respect of his interest as such; anddany such compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where 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.