Improvement Of Land Act 1864

27 & 28 Vict. c. 114 · Enacted 29 July 1864 · Extends to United Kingdom

Contents

1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
2. Commissioners, landowners, &c.
3. 2Interpretation of “the Commissioners.”
4. 3Provisions of 9 & 10 Vict. c. 101., &c., to extend and be applicable to proceedings of Commissioners.
5. 4Assistant commissioners may take declarations, &c.
6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
7. 6As to service of notices on Commissioners.
8. 7As to the services of notices on other persons.
9. 8Interpretation of “landowner.”
10. 9Interpretation of “improvement of land.”
11. 10Interpretation of “person.”
12. Proceedings preliminary to sanction of improvements
13. 11Application to Commissioners to sanction improvements.
14. 12Joint application by several landowners.
15. 13Commissioners may issue forms;
16. 14require security for expenses;
17. 15cause application to be investigated;
18. 16and require proposed improvements to be modified.
19. 17Advertisements and notices preliminary to sanction.
20. 18Power of dissent by persons interested, and protection of landowner’s infant children.
21. 19The same in case of navigable rivers and canals.
22. 20Consents necessary in case of church lands.
23. 21In case of dissent, or when landowner’s children are to be protected, Court of Chancery or Session may authorise Commissioners to proceed.
24. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
25. 23And costs may be given by the Court.
26. 24Representation of persons under disability for applications and dissents under preceding clauses.
27. Sanction of improvements, and rights thereunder
28. 25Commissioners order sanctioning improvements.
29. 26Forms of orders sanctioning improvements to be prepared by Commissioners; what they must contain.
30. 27They may be called provisional orders, and may be assigned to parties agreeing to execute improvements.
31. 28Provision for death of landowner pending completion of improvements.
32. 29Provisional orders may be modified.
33. Execution of improvements
34. 30Detailed specifications to be delivered in advance;
35. 31and approved before execution of works.
36. 32Adjoining lands, or easements over them, may be sold for purpose of improvements, and conveniences over adjoining lands for the execution of improvements contracted for.
37. 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
38. 34Provisional order to protect from impeachment of waste, and to authorize getting materials from land, &c.
39. 35Saving rights of the Crown.
40. 36Saving rights of the Commissioners of Her Majesty’s Works, &c.
41. 37Saving rights of Duchy of Cornwall.
42. 38Saving rights of Duchy of Lancaster.
43. 39Saving rights of the Admiralty, and of the Board of Trade.
44. 40Plans to be deposited with Admiralty before commencing works below high-water mark.
45. 41Landowner to pay expenses of survey ordered by Admiralty.
46. 42Saving rights of Her Majesty’s Principal Secretary of State for War.
47. 43Rights of Commissioners of sewers saved.
48. 44Works connected with Thames to be executed under direction of Conservators of Thames.
49. 45Metropolitan Board of Works, &c. protected.
50. 46Water companies and commissioners protected.
51. 47Rivers, canals, &c. protected.
52. 48Commissioners may inspect works.
53. Charges for improvements
54. 49Commissioners to execute charge on completion of works, or of some part thereof.
55. 50Expenses of application and certain contracts, may be included in charge.
56. 51The charges to be by way of rentcharge created by absolute order;
57. 52according to form in Schedule (B).
58. 53Expenditure made under this Act may be charged under Acts of improvement companies.
59. 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
60. 55Absolute order to be conclusive evidence of charge.
61. 56Registry of rentcharges in Ireland, Middlesex, Yorkshire, and Scotland.
62. 57Landowner may borrow the amount of certain public assessments, and charge same on inheritance;
63. 58in form specified, together with costs of application.
64. 59Grantee to have charge for principle money from time to time unrepaid, with priority over other incumbrances.
65. 60Charges to be personal property, but money to be invested on real security may be invested on mortgages.
66. 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
67. 62Proprietor of Scotch entailed estate may avail himself of Act, and rentcharge to be charge on such estate.
68. 63Rentcharges to be recoverable as tithe rentcharges or feu duties.
69. 64Interest on arrears of rentcharges.
70. 65Assignment of charges.
71. 66Tenants for life to keep down rentcharges.
72. 67Tenant may deduct rentcharge, unless he has agreed to pay it.
73. 68Rentcharges may be apportioned, or part of the land charged released therefrom.
74. 69Form, registry, and effect of orders of apportionment and release.
75. 70Charges apportioned &c. to be deemed original charges.
76. 71Orders may comprise several charges.
77. Upholding improvements
78. 72Improvements to be upheld and condition thereof certified if required.
79. 73Power to enter on neighbouring lands for repair of works, making compensation.
80. 74Farmhouses, &c. to be insured; power to insure in case of default.
81. 75Inclosure Commissioners may compel maintenance of improvements.
82. 76Inclosure Commissioners may give relief from maintenance of improvements.
83. 77Admiralty may remove works abandoned or fallen into decay.
84. Subscriptions to railways
85. 78–89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
86. 90–91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
87. Schedule (A)
88. Provisional Order
89. Schedule (B)Schedule (B)
90. Absolute Order
91. Schedule (C)
92. Assignment of a Charge
93. Schedule (D)
94. Form of Order for apportioning Charges
95. Schedule (E)
96. Form of Order for exempting Lands
97. Schedule (F)
98. Vesting Order