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Town and Country Planning Act 1962

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Miscellaneous

12Where any of the relevant land has become vested in the acquiring authority under subsection (6) of section seventy-five of this Act, any person who, in consequence thereof, is relieved from any liability (whether in respect of a rentcharge, rent under a lease, mortgage interest or any other matter) and makes any payment as in satisfaction or part satisfaction of that liability shall, if he shows that when he made the payment he did not know of the facts which constitute the cause of his being so relieved, or of some one or more of those facts, 'be entitled to recover the sum paid as money had and received to his use by the person to whom it was paid.

13Where, at the time of the vesting of an interest in the acquiring authority by virtue of subsection (6) of section seventy-five of this Act, the compensation payable in respect thereof is not finally ascertained, section twelve of the Finance Act, 1895 (which provides for the collection of stamp duty, where property is vested by way of sale by virtue of an Act, within three months from the date of vesting) shall have effect, with respect to the vesting of that interest, with the substitution, for the reference therein to the date of vesting, of a reference to the date on which the compensation has become finally ascertained.

14Where, after land has become vested in the acquiring authority under subsection (6) of section seventy-five of this Act, a person retains possession of any document relating to the title to the land, he shall be deemed to have given to the acquiring authority an acknowledgment in writing of the right of the authority to production of that document and to delivery of copies thereof and (except where he retains possession of the document as mortgagee or as trustee or otherwise in a fiduciary capacity) an undertaking for safe custody thereof, and section sixty-four of the Law of Property Act, 1925, shall have effect accordingly, and on the basis that the acknowledgment and undertaking did not contain any such expression of contrary intention as is mentioned in that section.

15(1)The time within which a question of disputed compensation, arising out of an acquisition of an interest in land in respect of which a notice to treat is deemed to have been served by virtue of subsection (2) of section seventy-five of this Act, may be referred to the Lands Tribunal shall be six years from the date at which the person claiming compensation, or a person under whom he derives title, first knew, or could reasonably be expected to have known, of the vesting of the interest by virtue of subsection (6) of the said section seventy-five.

(2)This paragraph shall be construed as one with Part I of the Limitation Act, 1939.

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