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Law of Property (Miscellaneous Provisions) Act 1994

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This is the original version (as it was originally enacted).

17Notices affecting land: absence of knowledge of intended recipient’s death

(1)Service of a notice affecting land which would be effective but for the death of the intended recipient is effective despite his death if the person serving the notice has no reason to believe that he has died.

(2)Where the person serving a notice affecting land has no reason to believe that the intended recipient has died, the proper address for the purposes of section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) shall be what would be the proper address apart from his death.

(3)The above provisions do not apply to a notice authorised or required to be served for the purposes of proceedings before—

(a)any court,

(b)any tribunal specified in Schedule 1 to the [1992 c. 53.] Tribunals and Inquiries Act 1992 (tribunals within general supervision of Council on Tribunals), or

(c)the Chief Land Registrar or any district registrar or assistant district registrar;

but this is without prejudice to the power to make provision in relation to such proceedings by rules of court, procedural rules within the meaning of section 8 of the [1992 c. 53.] Tribunals and Inquiries Act 1992 or rules under section 144 of the [1925 c. 21.] Land Registration Act 1925.

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