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 railway.
Whether a charity corporation can sell land without statutory authority quaere
What constitutes a ‘house and premises ‘ within the 92d section of the Lands Clauses Act discussed.
Section 92 of the Land Clauses Consolidation Act 1845 (which provided that the owner of land being compulsorily acquired could not be required to convey ‘part only of any house, or other building . . ) required the purchase not only of the whole house but also of the gardens and appurtenances of the house.
[1861] EngR 379, (1861) 1 J and H 400, (1861) 70 ER 802
Commonlii
England and Wales
Cited by:
Cited – Dartmouth Court Blackheath Ltd v Berisworth Ltd ChD 27-Feb-2008
Tenants asserted a right of first refusal under the 1987 Act on a proposed disposal of the freehold. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 24 December 2021; Ref: scu.284140