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Civil Law (Property) Act 2006
252Recovery of apportioned parts
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252 Recovery of apportioned parts
(1) In this section:
lessor means the person who, if the rent for any land had not been
apportionable, would have been entitled to the entire or continuing
rent for the land.
person includes—
(a) the person’s personal representatives, successors and assigns;
and
(b) the personal representatives, successors and assigns of a person
whose interest ended on that person’s death.
(2) The person entitled to an apportioned part of a payment mentioned in
section 250 (Income apportionable in relation to time) may recover
the part, when payable, in the same way as the person could recover
the entire payment if entitled to it.
(3) However, an apportioned part of a payment of rent for land is not by
itself recoverable from the person liable to pay the rent, but may be
recovered from that person by the lessor together with the remaining
part of the payment.
(4) If the lessor does so, the person entitled to the apportioned part may
then recover it from the lessor.