In this Act unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
(i)“Building purposes” include the erecting and the improving of, and the adding to, and the repairing of buildings; and a “building lease” is a lease for any building purposes or purposes connected therewith;
(ii)“Disposition” and “conveyance” include a mortgage, charge by way of legal mortgage, lease, assent, vesting declaration, vesting instrument, disclaimer, release and every other assurance except a will and “dispose of” or “convey” has a corresponding meaning;
(iii)“Hereditaments” mean real property which on an intestacy might before the commencement of the M1Law of Property Act 1922, have devolved on an heir;
(iv)“Land” includes land of any tenure, and mines and minerals whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or otherwise) and all other corporeal hereditaments; also a manor, an advowson, and a rent and all other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land [F1, but not an undivided share in land];
(v)“Lease” includes an agreement for a lease;
(vi)“Manor” includes lordship, and reputed manor or lordship; and “manorial incidents” has the same meaning as in the M2Law of Property Act 1922;
(vii)“Mines and minerals” mean mines and minerals whether already opened or in work or not, and include all minerals and substances in, on, or under the land, obtainable by underground or by surface working; and “mining purposes” include the sinking and searching for, winning, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away, and disposing of mines and minerals, in or under [F2any] land, and the erection of buildings, and the execution of engineering and other works suitable for those purposes; and a “mining lease” is a lease for any mining purposes or purposes connected therewith, and includes a grant or licence for any mining purposes;
(viii)“Minister” means the [F3Minister of Agriculture, Fisheries and Food];
(ix)“Rent” includes yearly or other rent, and toll, duty, royalty, or other reservation, by the acre, or the ton, or otherwise; and, in relation to rent, “payment” includes delivery; and “fine” includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift;
(x)A “term of years absolute” means a term of years, taking effect either in possession or in reversion, with or without impeachment for waste, whether at a rent or not, and whether subject or not to another legal estate, and whether certain or liable to determination by notice, re-entry, operation of law, or by a provision for cesser on redemption, or in any other event (other than the dropping of a life, or the determination of a determinable life interest), but does not include any term of years determinable with life or lives or with the cesser of a determinable life interest, nor, if created after the commencement of this Act, a term of years which is not expressed to take effect in possession within twenty-one years after the creation thereof where required by statute to take effect within that period; and in this definition the expression “term of years” includes a term for less than a year, or for a year or years and a fraction of a year or from year to year.
Textual Amendments
F1Words in s. 43(iv) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art.2
F2Words substituted by Universities and College Estates Act 1964 (c. 51), Sch. 3 Pt. II
F3Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3(3)
Marginal Citations