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Land Registration etc. (Scotland) Act 2012
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94Compensation for loss incurred in consequence of this Part
This section has no associated Explanatory Notes
(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.
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