Part 9Rights of persons acquiring etc. in good faith

Compensation in consequence of this Part

94I1Compensation for loss incurred in consequence of this Part

1

The Keeper must pay compensation for loss incurred by a person mentioned in subsection (2).

2

The person is one who—

a

is deprived of a right by virtue of this Part, or

b

is the proprietor of a property burdened by a servitude created by virtue of section 90.

3

A claimant is not required to exhaust other remedies before making a claim to such compensation.

4

Payment by the Keeper under this section does not extinguish any rights which the claimant may have against another person in respect of the loss compensated.

5

But it is a condition of any such payment that the claimant assigns any such rights to the Keeper.

6

The Keeper has no liability to pay compensation—

a

in so far as the claimant's loss could have been avoided by the claimant taking certain measures which it would have been reasonable for the claimant to take,

b

in so far as the claimant's loss is too remote, or

c

for non-patrimonial loss.