A person entitled to give a damage notice1 in respect of subsidence damage2 to any property is not entitled to proceed at the same time in respect of the same damage to that property with both (1) such a notice; and (2) a claim3 against the person with responsibility for subsidence affecting any land4 for damages or compensation arising apart from the Coal Mining Subsidence Act 1991, although he may elect which notice or claim he will proceed with for the time being
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