Land Clauses Consolidation Act 1845

1. Introductory Text

2. [1.]. Act to apply to all undertakings authorized by Acts hereafter to be passed.

3. Interpretation

   1. 2. “Special Act:” ’’Prescribed:”The works:”Promoters of the undertaking”

   2. 3. Interpretations in this and the special Act:

   3. 4. Short title of the Act.

   4. 5. Form in which portions of this Act may be incorporated with other Acts.

4. Purchase of lands by agreement.

   1. 6. Power to purchase lands by agreement.

   2. 7. Parties under disability enabled to sell and convey.

   3. 8. Parties under disability to exercise other powers.

   4. 9. Amount of compensation in case of parties under disability to be ascertained by valuation, and paid into the Bank.

   5. 10. Where vendor absolutely entitled, lands may be sold on chief rents.

   6. 11. Payment of rents to be charged on tolls.

   7. 12. Power to purchase lands required for additional accommodation.

   8. 13. Authority to sell and re-purchase such lands.

   9. 14. Restraint on purchase from incapacitated persons.

   10. 15. Municipal corporations not to sell without the approbation of the Treasury.

5. Purchase of lands otherwise than by agreement

   1. 16. Capital to be subscribed before compulsory powers put in force.

   2. 17. Evidence as to capital having been subscribed.

   3. 18. Notice of intention to take lands.

   4. 19. Service of notices on owners and occupiers of lands.

   5. 20. Service of notice on a corporation aggregate.

   6. 21. If parties fail to treat or in case of dispute, question to be settled as after mentioned.

   7. 22. Disputes as to compensation, not exceeding 50l. to be settled by two justices.

   8. 23—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. 58. †Compensation to absent parties to be determined by a surveyor appointed by two justices.

   10. 59, 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   11. 61. Valuation, &c. to be produced to the owner of the lands on demand.

   12. 62. Expences to be borne by promoters.

   13. 63. Purchase money and compensation, how to be estimated.

   14. 64. Where compensation to absent party has been determined by a surveyor, the party may have the same submitted to arbitration.

   15. 65. Question to be submitted to the arbitrators.

   16. 66. If further sum awarded, promoters to pay or deposit same within 14 days.

   17. 67. Costs of the arbitration.

   18. 68. †To be settled by arbitration or jury, at the option of the party claiming compensation.

6. Application of compensation

   1. 69. †Purchase money payable to parties under disability, amounting to 200l. to be deposited in the Bank.

   2. 70. Order for application, and investment meanwhile.

   3. 71. Sums from 20l. to 200l. to be deposited, or paid to trustees.

   4. 72. Sums not exceeding 20l. to be paid to parties.

   5. 73. All sums payable under contract with persons not absolutely entitled, to be paid into Bank.

   6. 74. Court of Chancery may direct application of money in respect of leases or reversions as they may think just.

   7. 75. Upon 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.

   8. 76. Where parties refuse to convey, or do not show title, or cannot be found, the purchase money to be deposited.

   9. 77. Upon deposit being made a receipt to be given, and the lands to vest upon a deed poll being executed.

   10. 78. Application of monies so deposited.

   11. 79. Party in possession to be deemed the owner.

   12. 80. Costs in cases of money deposited.

7. Conveyances

   1. 81. Form of conveyances.

   2. 82. Costs of conveyances.

   3. 83. Taxation of costs of conveyances.

8. Entry on lands

   1. 84. Payment of price to be made previous to entry, except to survey, &c.

   2. 85. Promoters to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.

   3. 86. Application of Funds in court.

   4. 86. Application of Funds in court.

   5. 89. Penalty on the promoters of the undertaking entering upon lands without consent before payment of the purchase money.

   6. 90. Decision of justices not conclusive,&c.

   7. 91. Proceedings in case of refusal to deliver possession of lands.

   8. 92. Parties not to be required to sell part of a house.

9. Intersected lands

   1. 93. Owners of intersected lands may insist on sale.

   2. 94. Promoters of the undertaking may insist on purchase where expence of bridges, &c. exceeds the value.

   3. 95—98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. Common lands

    1. 99. Compensation for common lands, where held of a manor, &c. how to be paid.

    2. 100. Lord of the manor, &c. to convey to the promoters of the undertaking, on receiving compensation for his interest.

    3. 101. Compensation for common lands where not held of a manor how to be ascertained.

    4. 102. A meeting of the parties interested to be convened.

    5. 103. Meeting to appoint a committee.

    6. 104. Committee to agree with the promoters of the undertaking.

    7. 105. Disputes to be settled as in other cases.

    8. 106. If no committee be appointed, the amount to be determined by a surveyor.

    9. 107. Upon payment of compensation payable to commoners, the lands to vest.

11. Lands in mortgage

    1. 108. Power to redeem mortgages.

    2. 109. Deposit of mortgage money on refusal to accept.

    3. 110. Sum to be paid when mortgage exceeds the value of the lands.

    4. 111. Deposit of money when refused on tender.

    5. 112. Sum to be paid where part only of mortgaged lands taken.

    6. 113. Deposit of money when refused on tender.

    7. 114. Compensation to be made in certain cases if mortgage paid off before the stipulated time.

12. Rent-charges

    1. 115. Release of lands from rent-charges.

    2. 116. Release of part of lands from charge.

    3. 117. Deposit in case of refusal to release.

    4. 118. Charge to continue on lands not taken.

13. Leases

    1. 119. Where part only of lands under lease taken, the rent to be apportioned.

    2. 120. Tenants to be compensated.

    3. 121. Compensation to be made to tenants at will &c.

    4. 122. Where greater interest claimed than from year to year, lease to be produced.

    5. 123. Limit of time for compulsory purchase.

14. Interests omitted to be purchased

    1. 124. Promoters of the undertaking empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.

    2. 125. How value of such lands to be estimated.

    3. 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. Sale of superfluous Land

    1. 127. Lands not wanted to be sold, or in default to vest in owners of adjoining lands.

    2. 128. Lands to be offered to owner of lands from which they were originally taken or to adjoining owners.

    3. 129. Right of pre-emption to be claimed within six weeks.

    4. 130. Differences as to price to be settled by arbitration.

    5. 131. Lands to be conveyed to the purchasers.

    6. 132. Effect of the word “grant” in conveyances.

    7. 133. †Land tax and poor’s rate to be made good.

16. Notices

    1. 134. Service of notices upon company.

    2. 135. Tender of amends.

17. Recovery of penalties

    1. 136. Penalties to be summarily recovered before two justices.

    2. 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 138. Distress how to be levied.

    4. 139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 140. Distress against the treasurer.

    6. 141. Distress not unlawful for want of form.

    7. 142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. 143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. 146. †Parties allowed to appeal to quarter sessions, on giving security.

    12. 147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    13. 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    14. 149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. Access to special Act

    1. 150. Copies of special Act to be kept and deposited, and allowed to be inspected.

    2. 151. Penalty on company failing to keep, &c.

    3. 152. Extent of Act.

    4. 153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. SCHEDULES referred to in the foregoing Act

    1. SCHEDULE (A.)

       1. FORM of Conveyance

    2. SCHEDULE (B.)

       1. FORM of Conveyance on Chief Rent

    3. SCHEDULE (C)