An authority serving a notice to treat no longer has a statutory power to acquire land in circumstances where the order under which the notice had been served was for the acquisition of land for specific purposes which the authority had abandoned. Accordingly, the notice to treat was no longer effective. As to the effect of section 123: ‘out of the picture and no further period is laid down by statute within which the next step to acquire the property must be taken. In my judgment, however, the authorities . . established the following propositions: first, the authority exercising statutory powers to acquire land must enforce its notice within a reasonable period. If the authority sleeps on its rights, it will be barred absent explanation. If it is explained, the acquiring authority may enforce the notice if it is equitable to do so. However, the oppression on the owner of land in respect of which a notice to treat has been given cannot be wholly disregarded, however sound the reason for not proceeding to enforce it. The acquiring authority may also evince an intention to abandon the rights given to it by the notice to treat, in which case the owner is entitled to treat those rights as abandoned. Thirdly, the court has an inherent jurisdiction to control the exercise of statutory powers if, but only if, the court can see that the powers are being exercised not in accordance with the purpose for which the powers were conferred. The court may to restrain the further exercise of those powers not in accord with the special act. These three propositions are, in point of law, distinct, but, in practice, they tend to merge one into the other, more particularly the first two, for unequivocal acts of abandonment seldom arise.’
Judges:
Upjohn J
Citations:
[1958] Ch 329
Statutes:
Land’s Clauses Consolidation Act 1845 123
Jurisdiction:
England and Wales
Cited by:
Cited – Rhondda Cynon Taff Borough Council v Watkins CA 12-Feb-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 February 2022; Ref: scu.179736