Section 45 Powers of local authorities over unclaimed landI1

(1)

This section applies where—

(a)

land is registered as common land or a town or village green;

(b)

no person is registered in the register of title as the owner of the land; and

(c)

it appears to a local authority in whose area the land or any part of it is situated that the owner cannot be identified.

(2)

The local authority may—

(a)

take any steps to protect the land against unlawful interference that could be taken by an owner in possession of the land; and

(b)

institute proceedings against any person for any offence committed in respect of the land (but without prejudice to any power exercisable apart from this section).

(3)

In this section “local authority” means—

(a)

a county, district or parish council in England;

(b)

a London borough council; and

(c)

a county, county borough or community council in Wales.

Annotations

Commencement

I1: S. 45 wholly in force at 6.9.2007; s. 45 not in force at Royal Assent see s. 56(1); s. 45 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(a) (with art. 3)); s. 45 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3 (with modifications (temp.) in art. 4(4))