Improvement Of Land Act 1864
Improvement Of Land Act 1864 (1864 c. 114)
- Improvement Of Land Act 1864 (1864 c. 114)
- 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Commissioners, landowners, &c.
- 2 Interpretation of “the Commissioners.”
- 3 Provisions of 9 & 10 Vict. c. 101., &c., to extend and be applicable to proceedings of Commissioners.
- 4 Assistant commissioners may take declarations, &c.
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 6 As to service of notices on Commissioners.
- 7 As to the services of notices on other persons.
- 8 Interpretation of “landowner.”
- 9 Interpretation of “improvement of land.”
- 10 Interpretation of “person.”
- Proceedings preliminary to sanction of improvements
- 11 Application to Commissioners to sanction improvements.
- 12 Joint application by several landowners.
- 13 Commissioners may issue forms;
- 14 require security for expenses;
- 15 cause application to be investigated;
- 16 and require proposed improvements to be modified.
- 17 Advertisements and notices preliminary to sanction.
- 18 Power of dissent by persons interested, and protection of landowner’s infant children.
- 19 The same in case of navigable rivers and canals.
- 20 Consents necessary in case of church lands.
- 21 In case of dissent, or when landowner’s children are to be protected, Court of Chancery or Session may authorise Commissioners to proceed.
- 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 23 And costs may be given by the Court.
- 24 Representation of persons under disability for applications and dissents under preceding clauses.
- 24 Representation of persons under disability for applications and dissents under preceding clauses.
- Sanction of improvements, and rights thereunder
- 25 Commissioners order sanctioning improvements.
- 26 Forms of orders sanctioning improvements to be prepared by Commissioners; what they must contain.
- 27 They may be called provisional orders, and may be assigned to parties agreeing to execute improvements.
- 28 Provision for death of landowner pending completion of improvements.
- 29 Provisional orders may be modified.
- Execution of improvements
- 30 Detailed specifications to be delivered in advance;
- 31 and approved before execution of works.
- 32 Adjoining lands, or easements over them, may be sold for purpose of improvements, and conveniences over adjoining lands for the execution of improvements contracted for.
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 Provisional order to protect from impeachment of waste, and to authorize getting materials from land, &c.
- 35 Saving rights of the Crown.
- 36 Saving rights of the Commissioners of Her Majesty’s Works, &c.
- 37 Saving rights of Duchy of Cornwall.
- 38 Saving rights of Duchy of Lancaster.
- 39 Saving rights of the Admiralty, and of the Board of Trade.
- 40 Plans to be deposited with Admiralty before commencing works below high-water mark.
- 41 Landowner to pay expenses of survey ordered by Admiralty.
- 42 Saving rights of Her Majesty’s Principal Secretary of State for War.
- 43 Rights of Commissioners of sewers saved.
- 44 Works connected with Thames to be executed under direction of Conservators of Thames.
- 45 Metropolitan Board of Works, &c. protected.
- 46 Water companies and commissioners protected.
- 47 Rivers, canals, &c. protected.
- 48 Commissioners may inspect works.
- Charges for improvements
- 49 Commissioners to execute charge on completion of works, or of some part thereof.
- 50 Expenses of application and certain contracts, may be included in charge.
- 51 The charges to be by way of rentcharge created by absolute order;
- 52 according to form in Schedule (B).
- 53 Expenditure made under this Act may be charged under Acts of improvement companies.
- 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 55 Absolute order to be conclusive evidence of charge.
- 56 Registry of rentcharges in Ireland, Middlesex, Yorkshire, and Scotland.
- 57 Landowner may borrow the amount of certain public assessments, and charge same on inheritance;
- 58 in form specified, together with costs of application.
- 59 Grantee to have charge for principle money from time to time unrepaid, with priority over other incumbrances.
- 60 Charges to be personal property, but money to be invested on real security may be invested on mortgages.
- 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 62 Proprietor of Scotch entailed estate may avail himself of Act, and rentcharge to be charge on such estate.
- 63 Rentcharges to be recoverable as tithe rentcharges or feu duties.
- 64 Interest on arrears of rentcharges.
- 65 Assignment of charges.
- 66 Tenants for life to keep down rentcharges.
- 67 Tenant may deduct rentcharge, unless he has agreed to pay it.
- 68 Rentcharges may be apportioned, or part of the land charged released therefrom.
- 68 Rentcharges may be apportioned, or part of the land charged released therefrom.
- 69 Form, registry, and effect of orders of apportionment and release.
- 70 Charges apportioned &c. to be deemed original charges.
- 71 Orders may comprise several charges.
- Upholding improvements
- 72 Improvements to be upheld and condition thereof certified if required.
- 73 Power to enter on neighbouring lands for repair of works, making compensation.
- 74 Farmhouses, &c. to be insured; power to insure in case of default.
- 75 Inclosure Commissioners may compel maintenance of improvements.
- 76 Inclosure Commissioners may give relief from maintenance of improvements.
- 77 Admiralty may remove works abandoned or fallen into decay.
- Subscriptions to railways
- 78–89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 90–91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SCHEDULES to which the foregoing Act refers.
- Provisional Order
- Absolute Order
- Assignment of a Charge
- Form of Order for apportioning Charges
- Form of Order for exempting Lands
- Vesting Order
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