Section 128C Applications where land has been divided upF1

(1)

This section applies where—

(a)

a principal council, parish council or parish meeting appropriated or disposed of land, and

(b)

the freehold or leasehold title to that land has subsequently been divided.

(2)

An application may be made in relation to the land comprised in any of the relevant titles.

(3)

A single joint application may be made in relation to the land comprised in two or more of the relevant titles, and, in the case of such an application, the question of whether the qualifying conditions are met must be decided separately in relation to the land comprised in each title.

(4)

For the purposes of this section—

(a)

a freehold title is “divided” if either or both of the following occurs—

(i)

the title is divided into two or more different freehold titles;

(ii)

a lease (including a sublease) is granted over some or all of the land comprised in the freehold title;

(b)

a leasehold title is “divided” if—

(i)

the title is divided into two or more different leasehold titles (for example by an assignment of part);

(ii)

a sublease (including a sublease that is not immediately inferior to the leasehold title) is granted over some or all of the land comprised in the leasehold title.

(5)

In this section “relevant title” means—

(a)

the freehold title to the whole or a part of the land appropriated or disposed of;

(b)

the title to a long lease of the whole or a part of the land appropriated or disposed of.

Annotations

Textual amendments

F1: Ss. 128A-128H and cross-heading inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 69(2), 108(1)(6)

Notes on Part VII

Modifications

C1: Pt. VII (ss. 111–146) extended by Water Act 1989 (c. 15, SIF 130), s. 164(2), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C2: Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)