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StatuteProperty Law Act 2007

Section 312 — Property Law Act 2007: Person entitled or person bound ceasing to be owner or occupier

Text of the provision Official document

312 Person entitled or person bound ceasing to be owner or occupier (1) If, after the service of a notice under section 308 , but before the question of undertaking or contributing to the cost of the proposed work is settled (whether by agreement or by order of a court), the person serving the notice or the person on whom it was served ceases to be the owner or the occupier of the benefited land or of the burdened land, the notice and any cross-notice served under section 310 cease to have effect. (2) After the question of undertaking and contributing to the cost of the proposed work is settled (whether by agreement or by order of a court), any owner or occupier for the time being of the benefited land may proceed with the proposed work and recover from the person on whom the notice was served under section 308 the share of the cost of the work that that person agreed or was ordered by the court to contribute, even if that person has ceased to be an owner or occupier of the burdened land. (3) No settlement referred to in this section binds an owner or occupier for the time being of the burdened or the benefited land who was not a party to the settlement, whether or not that person became, or ceased to be, an owner or occupier of that land before, on, or after the date of the settlement. Compare: 1952 No 51 s 126E

Official source: legislation.govt.nz

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