Common Land - Law Dictionary Search Results
Home Dictionary Name: common landCommon land
Common land, means land subject to rights of common (which includes cattlegates or beastgates and rights of sole or several vesture or herbage or of sole of several pasture, but not rights held for a term of years or from year to year). Whether those rights are exercisable at all time or only during limited periods, and waste land of a manor not subject to rights of common, but does not include a town or village green or any land forming part of a Highway, Commons Registration Act, 1965, s. 22(1); Animals Act, 1971, s. 11 (UK) Halsbury's Laws of England, Vol. 2, para 474, p. 240....
Common compound
Common compound, the aforesaid meaning of the term 'common' read in the light of term 'compound' as an adjective makes it very clear that if the compound land is shared in common by occupants of number of building situated there in it would be a common compound for them, Municipal Board, Shaharanpur v. Imperial Tobacco of India Ltd., AIR 1999 SC 264.Common compound, any land used in common by the occupants of buildings situated in such common land can be said to form a 'common compound' covering all such buildings and once that conclusion is reached, Municipal Board Saharanpur v. Imperial Tobacco of India Ltd., (1999) 1 SCC 566....
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Tenancy in Common
Tenancy in Common. Legal estate in undivided shares inland has been abolished by the Law of Property Act, 1925, s. 1, which reduced the interest of tenants-in-common to that of a cestui que trust under a trust for sale of land. The following notes have been kept verbatim to explain titles as they existed immediately before 1926. This estate is created when several persons have several distinct estates, either of the same or of a different quantity, in any subject of property, in equal or unequal shares, and either by the same act or by several acts, and by several titles, and not a joint title. A tenancy-in-common will, as a rule, be construed to exist wherever the instrument creating it indicates that the land is to be held in shares, equally, or in moieties, or the nature of the transaction is such as to preclude the intention of survivorship such as an acquisition of land by partners for the purposes of their business.A tenancy-in-common differs from a joint-tenancy in this respect:...
common
common 1 a : of or relating to a community at large : public [ defense] b : known to the community [a thief] 2 : belonging to or shared by two or more persons or things or by all members of a group [when the insured and the beneficiary perish in a disaster] [ areas of the building] 3 : of or relating to common stock [ shares] n 1 pl cap : house of commons 2 : the legal right of taking a profit in another's land in common with the owner or others [the of estovers] [the of pasture] 3 : a piece of land subject to common use: as a : land jointly owned and used esp. for pasture b : a public open area in a municipality 4 : a condition of shared ownership : a condition in which a right is shared with an interest held by another person [held the estate in ] see also tenancy in common at tenancy compare severalty 5 : common stock at stock ...
Undivided shares in land
Undivided shares in land. Before 1926 a legal estate in undivided shares in land was held by joint tenants, tenants in common, coparceners, and by husband and wife as tenants by entireties (see those titles), but now by the Law of Property Act, 1925, s. 1 (6), a legal estate is not capable of subsisting or of being created in an undivided share inland, and by the same s. 1 (3) and ss. 34 (4), 205, and 1st Sch., Part IV., and cf. TRUST FOR SALE, such shares are to take effect as equitable interests only in the net proceeds of sale and of the rents and profits of the entirety of the land until sale, while the legal estate must be held by trustees for sale of the entire undivided property. It should be noticed that shares only are affected by these provisions. The legal estate in the joint tenancy in the entirety of the trustees for sale persists ex necessitate rei, and this is given effect to by s. 36, as amended, prohibiting severance of the legal estate in joint tenancy and providing f...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
Waste lands
Waste lands, the expression 'waste lands' has a well-defined legal connotation. It means lands which are desolate, abandoned, and not fit ordinarily for use for building purposes. In Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 2510, the meaning of the word 'waste' is given as: 1. Waste or desert land, uninhabited or sparsely inhabited and uncultivated country; a wild and desolate region; 2. A piece of land not cultivated or used for any purpose, and producing little or no herbage or wood. In legal use, a piece of such land not in any man's occupation but lying common. 3. A devastated region. In the sequence in which the expression 'waste lands' appears in the two relevant sections, it cannot but have its ordinary etymological meaning as given in the Shorter Oxford Dictionary i.e., land lying desolate or useless, without trees or grass or vegetation, not capable of any use. In Rajanand Brahma Shah v. State of Uttar Pradesh, ((1967) 1 SCR 373: AIR 1967 SC 1081: (1967) 2 SCJ 8...
Land-reeve
Land-reeve, a person whose business is to overlook certain parts of a farm or estate; to attend not only to the woods and hedge-timber, but also to the state of the fences, gates, buildings, private roads, drift-ways, and water-courses; and likewise to the stocking of commons, and encroachment of every kind, as well as to prevent or detect waste, and spoil in general, whether by the tenants or others; and to report the same to the manager or land-steward.Means a person charged with (1) overseeing certain parts of a farm or estate (2) attending to the timber, fences, gates, buildings, private roads, and water-courses, (3) stocking the commons, (4) watering for encroachments of all kinds, (5) preventing and detecting waste and spoliation by tenants and others, and (6) reporting on findings to the manger or land steward, Black's Law Dictionary, 7th Edn., p. 884....
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