Land Clauses Consolidation Act 1845
Land Clauses Consolidation Act 1845 (1845 c. 18)
- Land Clauses Consolidation Act 1845 (1845 c. 18)
- [1.] Act to apply to all undertakings authorized by Acts hereafter to be passed.
- Interpretation
- 2 “Special Act:” ’’Prescribed:”The works:”Promoters of the undertaking”
- 3 Interpretations in this and the special Act:
- 4 Short title of the Act.
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Purchase of lands by agreement.
- 6 Power to purchase lands by agreement.
- 7 Parties under disability enabled to sell and convey.
- 8 Parties under disability to exercise other powers.
- 9 Amount of compensation in case of parties under disability to be ascertained by valuation, and paid into the Bank.
- 10 Where vendor absolutely entitled, lands may be sold on chief rents.
- 11 Payment of rents to be charged on tolls.
- 12 Power to purchase lands required for additional accommodation.
- 13 Authority to sell and re-purchase such lands.
- 14 Restraint on purchase from incapacitated persons.
- 15 Municipal corporations not to sell without the approbation of the Treasury.
- Purchase of lands otherwise than by agreement
- 16 Capital to be subscribed before compulsory powers put in force.
- 17 Evidence as to capital having been subscribed.
- 18 Notice of intention to take lands.
- 19 Service of notices on owners and occupiers of lands.
- 20 Service of notice on a corporation aggregate.
- 21 If parties fail to treat or in case of dispute, question to be settled as after mentioned.
- 22 Disputes as to compensation, not exceeding 50l. to be settled by two justices.
- 23—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58 †Compensation to absent parties to be determined by a surveyor appointed by two justices.
- 59, 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 61 Valuation, &c. to be produced to the owner of the lands on demand.
- 62 Expences to be borne by promoters.
- 63 Purchase money and compensation, how to be estimated.
- 64 Where compensation to absent party has been determined by a surveyor, the party may have the same submitted to arbitration.
- 65 Question to be submitted to the arbitrators.
- 66 If further sum awarded, promoters to pay or deposit same within 14 days.
- 67 Costs of the arbitration.
- 68 †To be settled by arbitration or jury, at the option of the party claiming compensation.
- Application of compensation
- 69 †Purchase money payable to parties under disability, amounting to 200l. to be deposited in the Bank.
- 70 Order for application, and investment meanwhile.
- 71 Sums from 20l. to 200l. to be deposited, or paid to trustees.
- 72 Sums not exceeding 20l. to be paid to parties.
- 73 All sums payable under contract with persons not absolutely entitled, to be paid into Bank.
- 74 Court of Chancery may direct application of money in respect of leases or reversions as they may think just.
- 75 Upon deposit being made, the owners of the lands to convey, or in default the lands to vest in the promoters of the undertaking upon a deed poll being executed.
- 76 Where parties refuse to convey, or do not show title, or cannot be found, the purchase money to be deposited.
- 77 Upon deposit being made a receipt to be given, and the lands to vest upon a deed poll being executed.
- 78 Application of monies so deposited.
- 79 Party in possession to be deemed the owner.
- 80 Costs in cases of money deposited.
- Conveyances
- 81 Form of conveyances.
- 82 Costs of conveyances.
- 83 Taxation of costs of conveyances.
- Entry on lands
- 84 Payment of price to be made previous to entry, except to survey, &c.
- 85 Promoters to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
- 86 Application of Funds in court.
- 86 Application of Funds in court.
- 89 Penalty on the promoters of the undertaking entering upon lands without consent before payment of the purchase money.
- 90 Decision of justices not conclusive,&c.
- 91 Proceedings in case of refusal to deliver possession of lands.
- 92 Parties not to be required to sell part of a house.
- Intersected lands
- 93 Owners of intersected lands may insist on sale.
- 94 Promoters of the undertaking may insist on purchase where expence of bridges, &c. exceeds the value.
- 95—98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Common lands
- 99 Compensation for common lands, where held of a manor, &c. how to be paid.
- 100 Lord of the manor, &c. to convey to the promoters of the undertaking, on receiving compensation for his interest.
- 101 Compensation for common lands where not held of a manor how to be ascertained.
- 102 A meeting of the parties interested to be convened.
- 103 Meeting to appoint a committee.
- 104 Committee to agree with the promoters of the undertaking.
- 105 Disputes to be settled as in other cases.
- 106 If no committee be appointed, the amount to be determined by a surveyor.
- 107 Upon payment of compensation payable to commoners, the lands to vest.
- Lands in mortgage
- 108 Power to redeem mortgages.
- 109 Deposit of mortgage money on refusal to accept.
- 110 Sum to be paid when mortgage exceeds the value of the lands.
- 111 Deposit of money when refused on tender.
- 112 Sum to be paid where part only of mortgaged lands taken.
- 113 Deposit of money when refused on tender.
- 114 Compensation to be made in certain cases if mortgage paid off before the stipulated time.
- Rent-charges
- 115 Release of lands from rent-charges.
- 116 Release of part of lands from charge.
- 117 Deposit in case of refusal to release.
- 118 Charge to continue on lands not taken.
- Leases
- 119 Where part only of lands under lease taken, the rent to be apportioned.
- 120 Tenants to be compensated.
- 121 Compensation to be made to tenants at will &c.
- 122 Where greater interest claimed than from year to year, lease to be produced.
- 123 Limit of time for compulsory purchase.
- Interests omitted to be purchased
- 124 Promoters of the undertaking empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.
- 125 How value of such lands to be estimated.
- 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Sale of superfluous Land
- 127 Lands not wanted to be sold, or in default to vest in owners of adjoining lands.
- 128 Lands to be offered to owner of lands from which they were originally taken or to adjoining owners.
- 129 Right of pre-emption to be claimed within six weeks.
- 130 Differences as to price to be settled by arbitration.
- 131 Lands to be conveyed to the purchasers.
- 132 Effect of the word “grant” in conveyances.
- 133 †Land tax and poor’s rate to be made good.
- Notices
- 134 Service of notices upon company.
- 135 Tender of amends.
- Recovery of penalties
- 136 Penalties to be summarily recovered before two justices.
- 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 140 Distress against the treasurer.
- 141 Distress not unlawful for want of form.
- 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 146 †Parties allowed to appeal to quarter sessions, on giving security.
- 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Access to special Act
- 150 Copies of special Act to be kept and deposited, and allowed to be inspected.
- 151 Penalty on company failing to keep, &c.
- 152 Extent of Act.
- 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SCHEDULES referred to in the foregoing Act
- FORM of Conveyance
- FORM of Conveyance on Chief Rent
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