Superfluous Lands - Law Dictionary Search Results
Home Dictionary Name: superfluous landsSuperfluous 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....
Adjoining owner
Adjoining owner. An adjoining owner has a common law right to the support necessary to sustain his own land in its natural unincumbered state, Brown v. Robins (1859) 4 H. & N. 186; but only obtains a right to support for buildings by grant, express or implied, or by prescription (20 years); see Angus v. Dalton, (1881) 6 App. Cas. 740.By the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), upon the sale of superfluous lands (s. 127) adjoining owners have a right of pre-emption (s. 128).By the London Building Act, 1930 (21 Geo. 5, c. clviii.), s. 5, the expression 'adjoining owner' means the owner or one of the owners, and 'adjoining occupier' means the occupier or one of the occupiers of land, buildings, storeys or rooms adjoining those of the building owner; see Crosby v. Alhambra Co., (1907) 1 Ch 295. See ACCESS; PARTY-WALLS....
Pre-emption, Right of
Pre-emption, Right of, the power of buying a thing before others, as superfluous lands under the (English) Lands Clauses Consolidation Act, 1845, s. 128, which must before sale be offered to the persons from whom they were originally taken, or to the adjoining owners; as to registration of contracts or deeds giving the right of pre-emption as estate contracts, see (English) Land Charges Act, 1925, s. 10. Compare the right of pre-emption which a county council has by virtue of s. 12 (4) of the Small Holdings and Allotments Act, 1908. Also, a privilege formerly allowed to the royal purveyor, but abolished by 12 Car. 2, c. 24. See OPTION TO PURCHASE....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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