Public Land - Law Dictionary Search Results
Home Dictionary Name: public land Page: 4Superfluous lands
Superfluous lands, lands acquired by a public company under the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but not required for the purposes of the undertaking of the company. Such lands must, by ss. 127 and 128 of the Act, be sold within ten years after the time limited for the completion of the undertaking, the person entitled to the lands from which they were originally severed, or, if he refuse, the adjoining owners, having a right of pre-emption; and if the lands are not so sold, they vest in the adjoining owners.The town and (English) Country Planning Act, 1932, 3rd Sch., excepts the operation of ss. 127 to 132 of the L.C.C. Act, 1845, from purchases under the Act of 1932, and see Housing Act, 1936. The law of this subject has given rise to much litigation, the leading case being Great Western Railway Company v. May (1874) LR 7 HL 283. See also Dunhill v. N.E. Ry Co., (1896) 1 Ch 121; and A.G. v. Sunderland Corporation, (1930) 1 Ch 168....
Arrears of public revenue due on land
Arrears of public revenue due on land, mean the whole or any portion of any Kist or instalment of such revenue not paid on the day on which it falls due according to the Kistbandy or any engagement or usage, State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657....
Park
Park [fr. parcus, Lat., fr. parco, to spare], a place of privilege for wild beasts of venery, and other wild beasts of the forest and chase; who are to have a firm place and protection there, so that no man may hurt or chase them without licence of the owner. A park differs from a forest, in that, as Compton observes, a subject may hold a park by prescription or royal grant. It differs from a chase because a park must be enclosed; if it lie open, it is a good cause of seizing it into the sovereign's hands, as a free chase may be if it lie enclosed. To a park three things are required-1st, a grant thereof; 2nd, enclosure by pale, wall, or hedge; 3rd, beasts of a park, such as buck, does, etc.; see Sir Charles Howard's case, 1626 Cro Car 59; Pease v. Courtney, (1904) 2 Ch 509. The word 'park,' as used in the (English) Settled Land Acts, is not confined to an ancient legal park but includes an ordinary private park (Pease v. Courtney).Royal Parks.-As to the management of the royal parks s...
public trust doctrine
public trust doctrine : a doctrine asserting that the state holds land lying beneath navigable waters as trustee of a public trust for the benefit of its citizens ...
Leapfrog development
Leapfrog development, means an improvement of land that requires the extension of public facilities from their current stopping point, through undeveloped land that may be scheduled for future development, to the site of the improvement, Black's Law Dictionary, 7th Edn., p. 897....
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
Local land charges
Local land charges. Charges on land acquired at anytime by any local authority, including county, borough or rural district councils under the Public Health Metropolis Management or Private Street Works Act, or under any similar statute (public, general or local or private) passed at any time, must be registered in the local land-charge registry (see (English) Local Land Charges Rules,1927, S.R. & O., 1927, 869/L, 33), as provided by the Land Charges Act, 1925, s. 15, as amended by (English) Law of Property (Amendment) Act, 1926, or they will be void as against a purchaser for money or money's worth of a legal estate in the land affected. The following are included: town planning schemes and resolutions, and restrictions created after 1925 on user of land or buildings, imposed or enforceable by a local authority with some exceptions [see s. 15 (7) (b), ibid.], and this applies to local land charges affecting both registered and unregistered land. As to searches and official certificate...
Trust corporation
Trust corporation, is defined by the (English) Settled Land Act, 1925, s. 117 (1) (xxx.), to mean the Public Trustee or a corporation appointed by the Court or entitled under (English) Public Trustee Act Rules [see the Public Trustee [(English) Custodian Trustee] Rules, 1926, S. R. & O., 1926, No. 1423/L. 37]. Trust corporations may exercise solely or jointly all the powers for the exercise of which the Land Legislation Acts of 1925 require two trustees at least (see TRUST; TRUST FOR SALE; SETTLED LAND; ADMINISTRATOR). These corporations include any company incorporated by Special Act or Royal Charter or Companies under the Companies Act, 1929, with an issued capital of not less than 2,50,000l., of which at least 1,00,000l. has been paid up in cash, or any company undertaking trust business for his Majesty's Navy, Army, Air Force or Civil Service having as director or member any person nominated by one of the Government Departments referred to in the Rules or any company authorized by ...
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