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
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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The landowner claimed for injurious affection of the remainder of his land after part was acquired by compulsory purchase. Held: The claim for injurious affection was confined to the effects of works and uses on the land taken. Citations: [1964] 2 QB 134 Statutes: Land Clauses Consolidation Act 1845 63 Jurisdiction: England and Wales Cited … Continue reading Edwards v Minister of Transport: 1964
Where a bridge has been constructed under the Railways Clauses Consolidation Act 1845 to carry a high road over a railway, and was originally constructed of adequate strength to carry the normal traffic of the time, is it sufficient for the railway company to maintain it of such strength, or must it provide a bridge … Continue reading Attorney General (on Relation of Pickfords Ltd) v Great Northern Railway Co: HL 21 Jul 1916
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
Compensation was awarded to the owner of a warehouse near Blackfriars because the construction of the Victoria Embankment cut off his access across the public highway to a dock on the river. Lord Cairns LC quoted Thesiger QC as saying: ‘Where by the construction of works there is a physical interference with any right, public … Continue reading Metropolitan Board of Works v McCarthy: HL 1874
The fact that a railway has acquired land under sections 77-85 of the Railways Clauses Consolidation Act 1845 does not exclude the common law right to lateral support from strata outside the forty yards or other prescribed limit mentioned in the Act. Lord Chancellor (Viscount Haldane),the Earl of Halsbury, Lords Atkinson and Shaw [1913] UKHL … Continue reading Howley Park Coal and Cannel Co v London and North-Western Railway Co: HL 1 Nov 1913
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 . .
