Acts
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Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003
The claimants sought judicial review of a decision of the defendant harbour masters themselves to install and sell from the harbour all fule for use by boats using it, saying that they had no power to operate such an enterprise. Held: Whilst the sale of fuel would assist the town, it was not part of … Continue reading Looe Fuels Ltd., Regina (on the Application of) v Looe Harbour Commissioners: Admn 27 Apr 2007
Stirling J: ‘Now at law a contract for the sale of land creates merely a personal obligation between the vendor and purchaser and does not bind the land; in equity such a contract binds the land and that not only as against the vendor, but also as against all persons claiming under him with notice … Continue reading Mercer v Liverpool St Helens and South Lancashire Railway: 1903
By the terms of a decreet-arbitral proceeding on a statutory submission between a railway company and the proprietor of lands taken for the construction of the railway, the company were taken bound to pay a certain sum as purchase-money, and to execute certain works, not including the drainage of the adjoining lands. In releasing the … Continue reading Great North of Scotland Railway Co v Duke of Fife: HL 12 Mar 1900
The North British Railway Act 1913, sec. 41, enacts – ‘And whereas lands have from time to time been purchased or acquired by the company, the Forth Bridge Railway Company, and by joint committees incorporated by Act of Parliament or Order on which the company may be represented, adjoining to or near to railways or … Continue reading North British Railway Co v Birrell: HL 17 Dec 1917
Superior and Vassal – Feucontract – Railway – Access – Railway Clauses Act 1845 (8 and 9 Vict. c. 33), sec. 6A railway company having obtained an Act enabling them to pass through certain lands, served a statutory notice to take part of a field which the proprietor was engaged in feuing. Before the notice … Continue reading Fleming v Newport Railway Co: HL 19 Mar 1883
A jury summoned under The Lands Clauses Consolidation Act, 1845, 8 and 9 Vict. e. 18, S. 68, to assess the compensation due to a claimant for lands, and co, injuriously affected by the works of a public Company, have no jurisdiction to determine whether the lands have been injuriously affected; their jurisdiction is limited … Continue reading Horrocks v The Metropolitan Railway Company: 4 Jul 1863
Under sect. 36 of The Companies Clauses Consolidation Act, 1845 (8 and! 9 Vict. c. 16), a party who has recovered judgment against a company is not precluded from assuring execution aquarist the shareholders who have riot paid up for their shares, though lands of the company have been delivered on elegit, if the proceeds … Continue reading The Queen v The Derbyshire, Staffordshire And Worcestershire Junction Railway: 31 May 1854
A railway company in 1867 acquired a certain holding of land lying within the limits of their compulsory powers and took a conveyance substantially in the form prescribed by section 80 of the Lands Clauses Consolidation (Scotland) Act 1845 and Schedule A thereof, but they did not register the conveyance within sixty days of the … Continue reading Heriot’s Trust v Caledonian Railway Co: HL 25 Mar 1915
In a district where china clay was no part of the ordinary composition of the soil, and was only rarely and exceptionally present, a railway company had acquired lands by statutory procedure. Held that the china clay was included in the reservation to the landowner of ‘mines or other minerals’ under the Railways Clauses Consolidation … Continue reading Great Western Railway Co v Carpalla United China Clay Co Ltd: HL 16 Dec 1909
The Railways Clauses Consolidation (Scotland) Act 1845, sec. 70, enacts – ‘The company shall not be entitled to any mines of coal, ironstone, slate, or other minerals under any land purchased by them . . . and all such mines . . . shall be deemed to be excepted out of the conveyance of such … Continue reading North British Railway Co v Budhill Coal and Sandstone Co and Others: HL 15 Nov 1909
Where persons under disability are served with a notice, under the Lands Clauses Act, to take part of a house and premises, they are able to sell under the 92d section, and may require the company to take the whole house, and co, although it may not fall within the limits of deviation of the … Continue reading Governors of St Thomass Hospital v Charing Cross Railway Company: 6 Mar 1861
By a memorandum not under seal, the plaintiff hired of the owner of land the sole and exclusive liberty of shooting arid fishing over it for three years. A portion of the land was (pending the term) sold to the defendants, who constructed a line of railway across it, to the great detriment of the … Continue reading Bird v The Great Eastern Railway Company: 13 Jun 1865
Compulsory Purchase Damages limited to Actual Loss Rule (6) was designed to preserve the effect of the 19th Century case-law under the 1845 Act, by which personal loss caused by the compulsory acquisition was treated as part of the value to the owner of the land: ‘the owner in a proper case – that is, … Continue reading Horn v Sunderland Corporation: CA 1941
The Board had power under the 1870 Act to acquire land to build school accommodation. The 1845 Act was to apply ‘with respect to the purchase of land’ for the purposes of the 1870 Act. The Board began to erect a school building on a site which they . .
The owner of a house, none of whose lands have been taken for the purposes of the railway, cannot under the Lands Clauses Consolidation Act, 1845, or the Railway Clauses Consolidation Act, 1845, recover compensation in respect of injury to the house . .