Environment Act 2021

Demesne landE+W

This section has no associated Explanatory Notes

3(1)Where land belongs to Her Majesty in right of the Crown but is not held for an estate in fee simple absolute in possession—

(a)Her Majesty in right of the Crown is to be regarded for the purposes of Part 7 and this Schedule as holding an estate in fee simple absolute in possession in the land, and

(b)any estate granted or created out of the land is to be regarded for those purposes as derived from that estate in fee simple.

(2)The land referred to in sub-paragraph (1) does not include land which becomes subject to escheat on the determination of an estate in fee simple absolute in possession in the land if—

(a)it is land to which an obligation under a conservation covenant related when the estate determined, or

(b)it is not land to which such an obligation related at that time and Her Majesty in right of the Crown has not taken possession or control of the land, or entered into occupation of it.

Commencement Information

I1Sch. 19 para. 3 not in force at Royal Assent, see s. 147(3)

I2Sch. 19 para. 3 in force at 30.9.2022 by S.I. 2022/48, reg. 5(c)