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Improvement Of Land Act 1864 (c. 114)

Improvement Of Land Act 1864 1864 CHAPTER 114 27 and 28 Vict F1 The Improvement of Land Act, 1864. [29th July 1864] Whereas an Act was passed in the Twelfth and Thirteenth Years of her present Majesty, intituled The Private Money Drainage Act, 1849, and several companies have been incorporated by Act of Parliament, with special powers for promoting the improvement of land in Great Britain and Ireland by drainage and otherwise; and it is desirable to amend and consolidate the law relating to the improvement of land by owners of limited interests, and to enable such owners to charge their lands with money subscribed for the construction of railways and navigable canals which will permanently increase the value of such lands:

Legislation

Table of Content

1. Commissioners, landowners, &c. U.K.

2. Interpretation of “the Commissioners.” U.K.

3. Provisions of 9 & 10 Vict. c. 101., &c., to extend and be applicable to proceedings of Commissioners. U.K.

4. Assistant commissioners may take declarations, &c. U.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

6. As to service of notices on Commissioners. U.K.

7. As to the services of notices on other persons. U.K.

8. Interpretation of “landowner.” E+W+S

9. Interpretation of “improvement of land.” U.K.

10. Proceedings preliminary to sanction of improvements U.K.

11. Application to Commissioners to sanction improvements. U.K.

12. Joint application by several landowners. U.K.

13. Commissioners may issue forms; U.K.

14. require security for expenses; E+W+S

15. cause application to be investigated; U.K.

16. and require proposed improvements to be modified. U.K.

17. Advertisements and notices preliminary to sanction. U.K.

18. Power of dissent by persons interested, and protection of landowner’s infant children. S

19. The same in case of navigable rivers and canals. U.K.

20. Consents necessary in case of church lands. U.K.

21. In case of dissent, or when landowner’s children are to be protected, Court of Chancery or Session may authorise Commissioners to proceed. E+W+S

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 U.K.

23. And costs may be given by the Court. U.K.

24. Representation of persons under disability for applications and dissents under preceding clauses. E+W

24. Sanction of improvements, and rights thereunder U.K.

25. Commissioners order sanctioning improvements. E+W+S

26. Forms of orders sanctioning improvements to be prepared by Commissioners; what they must contain. E+W+S

27. They may be called provisional orders, and may be assigned to parties agreeing to execute improvements. U.K.

28. Provision for death of landowner pending completion of improvements. U.K.

29. Execution of improvements U.K.

30. Detailed specifications to be delivered in advance; U.K.

31. and approved before execution of works. U.K.

32. Adjoining lands, or easements over them, may be sold for purpose of improvements, and conveniences over adjoining lands for the execution of improvements contracted for. U.K.

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

34. Provisional order to protect from impeachment of waste, and to authorize getting materials from land, &c. U.K.

35. Saving rights of the Crown. U.K.

36. Saving rights of the Commissioners of Her Majesty’s Works, &c. U.K.

37. Saving rights of Duchy of Cornwall. U.K.

38. Saving rights of Duchy of Lancaster. U.K.

39. Saving rights of the Admiralty, and of the Board of Trade. U.K.

40. Plans to be deposited with Admiralty before commencing works below high-water mark. E+W+S

41. Landowner to pay expenses of survey ordered by Admiralty. E+W+S

42. Saving rights of Her Majesty’s Principal Secretary of State for War. U.K.

43. Rights of Commissioners of sewers saved. U.K.

44. Works connected with Thames to be executed under direction of Conservators of Thames. U.K.

45. Metropolitan Board of Works, &c. protected. U.K.

46. Water companies and commissioners protected. U.K.

47. Rivers, canals, &c. protected. U.K.

48. Charges for improvements U.K.

49. Commissioners to execute charge on completion of works, or of some part thereof. U.K.

50. Expenses of application and certain contracts, may be included in charge. E+W+S

51. The charges to be by way of rentcharge created by absolute order; U.K.

52. according to form in Schedule (B). U.K.

53. Expenditure made under this Act may be charged under Acts of improvement companies. U.K.

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 U.K.

55. Absolute order to be conclusive evidence of charge. U.K.

56. Registry of rentcharges in Ireland, Middlesex, Yorkshire, and Scotland. U.K.

57. Landowner may borrow the amount of certain public assessments, and charge same on inheritance; U.K.

58. in form specified, together with costs of application. U.K.

59. Grantee to have charge for principle money from time to time unrepaid, with priority over other incumbrances. U.K.

60. Charges to be personal property, but money to be invested on real security may be invested on mortgages. U.K.

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 U.K.

62. Proprietor of Scotch entailed estate may avail himself of Act, and rentcharge to be charge on such estate. U.K.

63. Rentcharges to be recoverable as tithe rentcharges or feu duties. U.K.

64. Interest on arrears of rentcharges. U.K.

65. Assignment of charges. U.K.

66. Tenants for life to keep down rentcharges. U.K.

67. Tenant may deduct rentcharge, unless he has agreed to pay it. U.K.

68. Rentcharges may be apportioned, or part of the land charged released therefrom. S

69. Form, registry, and effect of orders of apportionment and release. U.K.

70. Charges apportioned &c. to be deemed original charges. U.K.

71. Upholding improvements U.K.

72. Improvements to be upheld and condition thereof certified if required. E+W+S

73. Power to enter on neighbouring lands for repair of works, making compensation. E+W+S

74. Farmhouses, &c. to be insured; power to insure in case of default. U.K.

75. Inclosure Commissioners may compel maintenance of improvements. U.K.

76. Inclosure Commissioners may give relief from maintenance of improvements. U.K.

77. Subscriptions to railways U.K.

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 U.K.

90. Vesting Order U.K.

1. Commissioners, landowners, &c. U.K.

2. Interpretation of “the Commissioners.” U.K.

3. Provisions of 9 & 10 Vict. c. 101., &c., to extend and be applicable to proceedings of Commissioners. U.K.

4. Assistant commissioners may take declarations, &c. U.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

6. As to service of notices on Commissioners. U.K.

7. As to the services of notices on other persons. U.K.

8. Interpretation of “landowner.” E+W+S

9. Interpretation of “improvement of land.” U.K.

10. Proceedings preliminary to sanction of improvements U.K.

11. Application to Commissioners to sanction improvements. U.K.

12. Joint application by several landowners. U.K.

13. Commissioners may issue forms; U.K.

14. require security for expenses; E+W+S

15. cause application to be investigated; U.K.

16. and require proposed improvements to be modified. U.K.

17. Advertisements and notices preliminary to sanction. U.K.

18. Power of dissent by persons interested, and protection of landowner’s infant children. S

19. The same in case of navigable rivers and canals. U.K.

20. Consents necessary in case of church lands. U.K.

21. In case of dissent, or when landowner’s children are to be protected, Court of Chancery or Session may authorise Commissioners to proceed. E+W+S

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 U.K.

23. And costs may be given by the Court. U.K.

24. Representation of persons under disability for applications and dissents under preceding clauses. E+W

24. Sanction of improvements, and rights thereunder U.K.

25. Commissioners order sanctioning improvements. E+W+S

26. Forms of orders sanctioning improvements to be prepared by Commissioners; what they must contain. E+W+S

27. They may be called provisional orders, and may be assigned to parties agreeing to execute improvements. U.K.

28. Provision for death of landowner pending completion of improvements. U.K.

29. Execution of improvements U.K.

30. Detailed specifications to be delivered in advance; U.K.

31. and approved before execution of works. U.K.

32. Adjoining lands, or easements over them, may be sold for purpose of improvements, and conveniences over adjoining lands for the execution of improvements contracted for. U.K.

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

34. Provisional order to protect from impeachment of waste, and to authorize getting materials from land, &c. U.K.

35. Saving rights of the Crown. U.K.

36. Saving rights of the Commissioners of Her Majesty’s Works, &c. U.K.

37. Saving rights of Duchy of Cornwall. U.K.

38. Saving rights of Duchy of Lancaster. U.K.

39. Saving rights of the Admiralty, and of the Board of Trade. U.K.

40. Plans to be deposited with Admiralty before commencing works below high-water mark. E+W+S

41. Landowner to pay expenses of survey ordered by Admiralty. E+W+S

42. Saving rights of Her Majesty’s Principal Secretary of State for War. U.K.

43. Rights of Commissioners of sewers saved. U.K.

44. Works connected with Thames to be executed under direction of Conservators of Thames. U.K.

45. Metropolitan Board of Works, &c. protected. U.K.

46. Water companies and commissioners protected. U.K.

47. Rivers, canals, &c. protected. U.K.

48. Charges for improvements U.K.

49. Commissioners to execute charge on completion of works, or of some part thereof. U.K.

50. Expenses of application and certain contracts, may be included in charge. E+W+S

51. The charges to be by way of rentcharge created by absolute order; U.K.

52. according to form in Schedule (B). U.K.

53. Expenditure made under this Act may be charged under Acts of improvement companies. U.K.

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 U.K.

55. Absolute order to be conclusive evidence of charge. U.K.

56. Registry of rentcharges in Ireland, Middlesex, Yorkshire, and Scotland. U.K.

57. Landowner may borrow the amount of certain public assessments, and charge same on inheritance; U.K.

58. in form specified, together with costs of application. U.K.

59. Grantee to have charge for principle money from time to time unrepaid, with priority over other incumbrances. U.K.

60. Charges to be personal property, but money to be invested on real security may be invested on mortgages. U.K.

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 U.K.

62. Proprietor of Scotch entailed estate may avail himself of Act, and rentcharge to be charge on such estate. U.K.

63. Rentcharges to be recoverable as tithe rentcharges or feu duties. U.K.

64. Interest on arrears of rentcharges. U.K.

65. Assignment of charges. U.K.

66. Tenants for life to keep down rentcharges. U.K.

67. Tenant may deduct rentcharge, unless he has agreed to pay it. U.K.

68. Rentcharges may be apportioned, or part of the land charged released therefrom. S

69. Form, registry, and effect of orders of apportionment and release. U.K.

70. Charges apportioned &c. to be deemed original charges. U.K.

71. Upholding improvements U.K.

72. Improvements to be upheld and condition thereof certified if required. E+W+S

73. Power to enter on neighbouring lands for repair of works, making compensation. E+W+S

74. Farmhouses, &c. to be insured; power to insure in case of default. U.K.

75. Inclosure Commissioners may compel maintenance of improvements. U.K.

76. Inclosure Commissioners may give relief from maintenance of improvements. U.K.

77. Subscriptions to railways U.K.

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 U.K.

90. Vesting Order U.K.

Section 1

1. Commissioners, landowners, &c. U.K.

Textual Amendments F2 S. 1 repealed by Statute Law Revision Act 1893 (c. 14) And with regard to the commissioners for the execution of this Act, and other general matters, be it enacted as follows:

Section 2

2. Interpretation of “the Commissioners.” U.K.

By “the Commissioners” shall herein be meant, as regards lands in Great Britain, the Inclosure Commissioners for England and Wales, . . . F3 Textual Amendments F3 Words repealed by Statute Law (Repeals) Act 1974 (c. 22) , s. 1 , Sch. Pt. VIII

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Improvement Of Land Act 1864 (c. 114)

1. Commissioners, landowners, &c. U.K.

2. Interpretation of “the Commissioners.” U.K.

Improvement Of Land Act 1864 (c. 114)

1. Commissioners, landowners, &c. U.K.

2. Interpretation of “the Commissioners.” U.K.