(1) Where the conditions mentioned in subsection (2) below are satisfied, any person who has, by or by virtue of a notice executed and registered in accordance with section 33 of this Act, a reserved right to claim compensation shall be entitled, subject to any order under section 44(2) of this Act, to compensation from the person who is the owner.
(2) The conditions are that—
(a) the real burden set out in the notice was, immediately before the appointed day, enforceable by the superior or would have been so enforceable
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