Land Clauses Consolidation Act 1845

8 & 9 Vict. c. 18 · Enacted 8 May 1845 · Extends to England, Wales and Northern Ireland

Contents

1. 1Act to apply to all undertakings authorized by Acts hereafter to be passed.
2. Interpretation
3. 2“Special Act:” ’’Prescribed:”The works:”Promoters of the undertaking”
4. 3Interpretations in this and the special Act:
5. 4Short title of the Act.
6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
7. Purchase of lands by agreement.
8. 6Power to purchase lands by agreement.
9. 7Parties under disability enabled to sell and convey.
10. 8Parties under disability to exercise other powers.
11. 9Amount of compensation in case of parties under disability to be ascertained by valuation, and paid into the Bank.
12. 10Where vendor absolutely entitled, lands may be sold on chief rents. Repealed
13. 11Payment of rents to be charged on tolls.
14. 12Power to purchase lands required for additional accommodation.
15. 13Authority to sell and re-purchase such lands.
16. 14Restraint on purchase from incapacitated persons.
17. 15Municipal corporations not to sell without the approbation of the Treasury.
18. Purchase of lands otherwise than by agreement
19. 16Capital to be subscribed before compulsory powers put in force.
20. 17Evidence as to capital having been subscribed.
21. 18Notice of intention to take lands.
22. 19Service of notices on owners and occupiers of lands.
23. 20Service of notice on a corporation aggregate.
24. 21If parties fail to treat or in case of dispute, question to be settled as after mentioned.
25. 22Disputes as to compensation, not exceeding 50l. to be settled by two justices.
26. 23—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
27. 58†Compensation to absent parties to be determined by a surveyor appointed by two justices.
28. 59, 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
29. 61Valuation, &c. to be produced to the owner of the lands on demand.
30. 62Expences to be borne by promoters.
31. 63Purchase money and compensation, how to be estimated.
32. 64Where compensation to absent party has been determined by a surveyor, the party may have the same submitted to arbitration.
33. 65Question to be submitted to the arbitrators.
34. 66If further sum awarded, promoters to pay or deposit same within 14 days.
35. 67Costs of the arbitration.
36. 68†To be settled by arbitration or jury, at the option of the party claiming compensation.
37. Application of compensation
38. 69†Purchase money payable to parties under disability, amounting to 200l. to be deposited in the Bank.
39. 70Order for application, and investment meanwhile.
40. 71Sums from 20l. to 200l. to be deposited, or paid to trustees.
41. 72Sums not exceeding 20l. to be paid to parties.
42. 73All sums payable under contract with persons not absolutely entitled, to be paid into Bank.
43. 74Court of Chancery may direct application of money in respect of leases or reversions as they may think just.
44. 75Upon 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.
45. 76Where parties refuse to convey, or do not show title, or cannot be found, the purchase money to be deposited.
46. 77Upon deposit being made a receipt to be given, and the lands to vest upon a deed poll being executed.
47. 78Application of monies so deposited.
48. 79Party in possession to be deemed the owner.
49. 80Costs in cases of money deposited.
50. Conveyances
51. 81Form of conveyances.
52. 82Costs of conveyances.
53. 83Taxation of costs of conveyances.
54. Entry on lands
55. 84Payment of price to be made previous to entry, except to survey, &c.
56. 85Promoters to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
57. 86Application of Funds in court.
58. 86Application of Funds in court.
59. 89Penalty on the promoters of the undertaking entering upon lands without consent before payment of the purchase money.
60. 90Decision of justices not conclusive,&c.
61. 91Proceedings in case of refusal to deliver possession of lands.
62. 92Parties not to be required to sell part of a house.
63. Intersected lands
64. 93Owners of intersected lands may insist on sale.
65. 94Promoters of the undertaking may insist on purchase where expence of bridges, &c. exceeds the value.
66. 95—98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
67. Common lands
68. 99Compensation for common lands, where held of a manor, &c. how to be paid.
69. 100Lord of the manor, &c. to convey to the promoters of the undertaking, on receiving compensation for his interest.
70. 101Compensation for common lands where not held of a manor how to be ascertained.
71. 102A meeting of the parties interested to be convened.
72. 103Meeting to appoint a committee.
73. 104Committee to agree with the promoters of the undertaking.
74. 105Disputes to be settled as in other cases.
75. 106If no committee be appointed, the amount to be determined by a surveyor.
76. 107Upon payment of compensation payable to commoners, the lands to vest.
77. Lands in mortgage
78. 108Power to redeem mortgages.
79. 109Deposit of mortgage money on refusal to accept.
80. 110Sum to be paid when mortgage exceeds the value of the lands.
81. 111Deposit of money when refused on tender.
82. 112Sum to be paid where part only of mortgaged lands taken.
83. 113Deposit of money when refused on tender.
84. 114Compensation to be made in certain cases if mortgage paid off before the stipulated time.
85. Rent-charges
86. 115Release of lands from rent-charges.
87. 116Release of part of lands from charge.
88. 117Deposit in case of refusal to release.
89. 118Charge to continue on lands not taken.
90. Leases
91. 119Where part only of lands under lease taken, the rent to be apportioned.
92. 120Tenants to be compensated.
93. 121Compensation to be made to tenants at will &c.
94. 122Where greater interest claimed than from year to year, lease to be produced.
95. 123Limit of time for compulsory purchase.
96. Interests omitted to be purchased
97. 124Promoters of the undertaking empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.
98. 125How value of such lands to be estimated.
99. 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
100. Sale of superfluous Land
101. 127Lands not wanted to be sold, or in default to vest in owners of adjoining lands.
102. 128Lands to be offered to owner of lands from which they were originally taken or to adjoining owners.
103. 129Right of pre-emption to be claimed within six weeks.
104. 130Differences as to price to be settled by arbitration.
105. 131Lands to be conveyed to the purchasers.
106. 132Effect of the word “grant” in conveyances.
107. 133†Land tax and poor’s rate to be made good.
108. Notices
109. 134Service of notices upon company.
110. 135Tender of amends. Repealed
111. Recovery of penalties
112. 136Penalties to be summarily recovered before two justices.
113. 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
114. 138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
115. 139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
116. 140Distress against the treasurer. Repealed
117. 141Distress not unlawful for want of form.
118. 142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
119. 143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
120. 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
121. 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
122. 146†Parties allowed to appeal to quarter sessions, on giving security.
123. 147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
124. 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
125. 149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
126. Access to special Act
127. 150Copies of special Act to be kept and deposited, and allowed to be inspected.
128. 151Penalty on company failing to keep, &c.
129. 152Extent of Act.
130. 153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
131. Schedule (A.)
132. FORM of Conveyance
133. Schedule (B.)
134. FORM of Conveyance on Chief Rent
135. Schedule (C)Schedule (C)