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Highways Act 1980

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Changes over time for: Section 309

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Point in time view as at 27/03/1991.

Changes to legislation:

Highways Act 1980, Section 309 is up to date with all changes known to be in force on or before 28 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

309 Compensation in respect of depreciation in value of interest in land subject to mortgage.E+W

Where an interest in land is subject to a mortgage—

(a)any 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;

(b)a 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;

(c)a mortgagee is not entitled to claim any such compensation in respect of his interest as such; and

(d)any 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.

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