(1) Where, whether by
way of agreement or by way of a compulsory taking under Part 9 of the
Land Administration Act 1997 , the Minister seeks the acquisition of an estate
or interest in or relating to any land that is less than is held by the person
from whom the acquisition is sought, the lesser estate or interest may,
subject to section 81(11), be acquired instead of acquiring the whole of the
estate or interest held by that person.
(2) Where an estate or
interest of the Minister of the kind referred to in subsection (1) is recorded
on, or by way of memorial in the register relating to, the title to the land
—
(a) that
estate or interest shall enure for the benefit of the Minister and run with
the land notwithstanding any sale, subdivision or other dealing with that land
by the owner or occupier for the time being, but any such estate or interest
may be relinquished by the Minister; and
(b) the
benefit of any right, restriction or covenant in relation to the use of land
granted to or held by the Minister may be enforced by the Minister to the like
extent as if the Minister were possessed of adjacent land for the benefit of
which the same was to enure.
[Section 75 inserted: No. 25 of 1985 s. 18;
amended: No. 73 of 1995 s. 34 and 42; No. 31 of 1997 s. 137(7); No. 25 of 2005
s. 61; No. 38 of 2007 s. 135; No. 25 of 2012 s. 109.]
[ 76. Deleted: No. 73 of 1995 s. 35.]