AustLII Tasmanian Consolidated Acts

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LAND ACQUISITION ACT 1993 - SECT 25

25. Mortgagee may waive right to compensation

      (1) A mortgagee under a mortgage over land taken may waive the mortgagee's right to compensation by notice in writing provided to the acquiring authority.

      (2) A mortgagee under a mortgage over land taken who waives the right to compensation –

(a) cannot recover any compensation under this Act; and

(b) retains, in respect of the mortgage debt, any rights and remedies that the mortgagee may have –

(i) against the mortgagor; or

(ii) in respect of any estate in land that is still subject to the mortgage.



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