70Overlooked estates

70 Overlooked estates

(1)  In this section, prescribed land means land which –

(a) an acquiring authority believed it had taken; and

(b) the authority has failed to take, through mistake or inadvertance; and

(c) the authority requires permanently for an authorized purpose; and

(d) the authority could acquire under this Act or could have acquired under a corresponding previous enactment at the time at which it entered into possession of the land.

(2)  Subject to subsection (8) , an acquiring authority may remain in undisturbed possession of prescribed land.

(3)  If a person notifies an acquiring authority, in writing, that the person claims an estate in land which the person believes to be prescribed land, the authority must, within a period of 30 days after receiving that notification, notify the person by notice in writing that it –

(a) admits that the land is prescribed land; or

(b) rejects that the land is prescribed land.

(4)  If an acquiring authority notifies a person that it rejects that land is prescribed land, or fails to provide the person with a notice referred to in subsection (2) within the period specified in that subsection, the person may apply to the Court for a determination as to whether the land is prescribed land within –

(a) 30 days after receiving the notice or the expiration of that period, as the case may be; or

(b) a period determined under section 78 .

(5)  If a person who may apply to the Court under subsection (4) for a determination as to whether land is prescribed land does not make that application in accordance with that subsection, the person is taken not to have an estate in the land.

(6)  If an acquiring authority admits, or it is determined by the Court, that land is prescribed land –