Section 349 — Property Law Act 2007: Protection of persons receiving property under disposition

349 Protection of persons receiving property under disposition (1) A court must not make an order under section 348 against a person who acquired property in respect of which a court could otherwise make the order and who proves that— (a) the person acquired the property for valuable consideration and in good faith without knowledge of the fact that it had been the subject of a disposition to which this subpart applies; or (b) the person acquired the property through a person who acquired it in the circumstances specified in paragraph (a). (2) A court may decline to make an order under section 348 , or may make an order under section 348 with limited effect or subject to any conditions it thinks fit, against a person who received property in respect of which a court could otherwise make the order and who proves that— (a) the person received the property in good faith and without knowledge of the fact that it had been the subject of a disposition to which this subpart applies; and (b) the person’s circumstances have so changed since the receipt of the property that it is unjust to order that the property be restored, or reasonable compensation be paid, in either case in part or in full. Compare: 1952 No 51 s 60