Section 56 Crown land.

England and Wales

(1)

F1Parts 1 and 3 and sections 42 to 42B (and so much of this Part as relates to those provisions) shall apply to a tenancy from the Crown if there has ceased to be a Crown interest in the land subject to it.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where there exists a Crown interest in any land subject to a tenancy from the Crown and the person holding that tenancy is himself the landlord under any other tenancy whose subject-matter comprises the whole or part of that land, F3the provisions mentioned in subsection (1) shall apply to that other tenancy, and to any derivative sub-tenancy, notwithstanding the existence of that interest.

(4)

For the purposes of this section “tenancy from the Crown” means a tenancy of land in which there is, or has during the subsistence of the tenancy been, a Crown interest superior to the tenancy, and “Crown interest” means—

(a)

an interest comprised in the Crown Estate;

(b)

an interest belonging to Her Majesty in right of the Duchy of Lancaster;

(c)

an interest belonging to the Duchy of Cornwall;

(d)

any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department.

Annotations

Textual amendments

F1: Words in s. 56(1) substituted (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172(6)(a), 181(1); S.I. 2003/1986, art. 2(c)(iii) (with Sch. 2); S.I. 2004/669, art. 2(c)(iii) (with Sch. 2)
F2: S. 56(2) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 2 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 2 (with Sch. 2)
F3: Words in s. 56(3) substituted (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172(6)(b), 181(1); S.I. 2003/1986, art. 2(c)(iii) (with Sch. 2); S.I. 2004/669, art. 2(c)(iii) (with Sch. 2)