sec.73Compensation on cancellation or variation of access right

### sec.73 Compensation on cancellation or variation of access right A party to an access right may apply to the Land Court for an order for the payment of compensation if the parties to the access right— have, by agreement, varied or cancelled the access right or a condition on which it is held; and can not agree on the payment of compensation for the variation or cancellation. Subsection (3) applies if— an application is made under subsection (1) ; or the Land Court makes an order under section 72 varying or cancelling an access right or a condition on which an access right is held. The Land Court may decide the amount of any compensation payable by a party to the access right to the other party and make an order for payment. In deciding the amount of any compensation, the Land Court must have regard to the following matters— if the variation or cancellation effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests; any change in the value of any interest in any land held by the landholder that otherwise happens because of the variation or cancellation; any loss, injury or damage suffered by a party, or expense reasonably incurred by a party, as a direct, natural and reasonable consequence of the variation or cancellation; any compensation previously paid in relation to the access right; anything else relevant to deciding what is just and reasonable compensation for the variation or cancellation. For calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was varied or cancelled. s 73 sub 2008 No. 22 s 26 (sec.73-ssec.1) A party to an access right may apply to the Land Court for an order for the payment of compensation if the parties to the access right— have, by agreement, varied or cancelled the access right or a condition on which it is held; and can not agree on the payment of compensation for the variation or cancellation. (sec.73-ssec.2) Subsection (3) applies if— an application is made under subsection (1) ; or the Land Court makes an order under section 72 varying or cancelling an access right or a condition on which an access right is held. (sec.73-ssec.3) The Land Court may decide the amount of any compensation payable by a party to the access right to the other party and make an order for payment. (sec.73-ssec.4) In deciding the amount of any compensation, the Land Court must have regard to the following matters— if the variation or cancellation effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests; any change in the value of any interest in any land held by the landholder that otherwise happens because of the variation or cancellation; any loss, injury or damage suffered by a party, or expense reasonably incurred by a party, as a direct, natural and reasonable consequence of the variation or cancellation; any compensation previously paid in relation to the access right; anything else relevant to deciding what is just and reasonable compensation for the variation or cancellation. (sec.73-ssec.5) For calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was varied or cancelled. - (a) have, by agreement, varied or cancelled the access right or a condition on which it is held; and - (b) can not agree on the payment of compensation for the variation or cancellation. - (a) an application is made under subsection (1) ; or - (b) the Land Court makes an order under section 72 varying or cancelling an access right or a condition on which an access right is held. - (a) if the variation or cancellation effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests; - (b) any change in the value of any interest in any land held by the landholder that otherwise happens because of the variation or cancellation; - (c) any loss, injury or damage suffered by a party, or expense reasonably incurred by a party, as a direct, natural and reasonable consequence of the variation or cancellation; - (d) any compensation previously paid in relation to the access right; - (e) anything else relevant to deciding what is just and reasonable compensation for the variation or cancellation.