Improvement Of Land Act 1864

Commissioners, landowners, &c. U.K.

And with regard to the commissioners for the execution of this Act, and other general matters, be it enacted as follows:

2 Interpretation of “the Commissioners.” U.K.

By “the Commissioners” shall herein be meant, as regards lands in Great Britain, the Inclosure Commissioners for England and Wales, . . . F1

Textual Amendments

F1 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. VIII

3 Provisions of 9 & 10 Vict. c. 101., &c., to extend and be applicable to proceedings of Commissioners. U.K.

All the provisions of . . . F2 any and every . . . F2 Act for the time being in force relating to any of the aforesaid Commissioners so far as the same may concern or be auxiliary to the proceedings or inquiries of the Commissioners under the authority of such Acts or any of them, or the authentication of instruments, shall, except as in this Act otherwise provided, extend and be applicable to their proceedings and inquiries, and the authentication of instruments, under this Act.

Textual Amendments

F2 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. VIII

4 Assistant commissioners may take declarations, &c. U.K.

Every assistant commissioner or inspector acting in any matter, inquiry, or proceeding by the authority and in the execution of this Act may receive declarations and statements, and examine upon declaration all such persons as may voluntarily attend before him in such matter, inquiry, or proceeding.

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 5 repealed by Perjury Act 1911 (c. 6), Sch. and False Oaths (Scotland) Act 1933 (c. 20), Sch.

6 As to service of notices on Commissioners. U.K.

Any notice requiring to be served upon the Commissioners may be served by the same being left at or transmitted through the post, directed to their office in London.

7 As to the services of notices on other persons. U.K.

In all cases in which it shall be necessary under the provisions of this Act to serve any notice upon any other person, it shall be sufficient to send such notice in a registered post letter, directed to such person at his then or last known place of residence or of business, unless the letter containing such notice shall be returned from the [F4 postal operator (within the meaning of [F5 Part 3 of the Postal Services Act 2011] ) concerned] as undelivered; and if such person shall not have any place of residence or of business within Great Britain . . . F6 , or if the place of business or of residence of such person cannot with due diligence be ascertained, then such notice may be served upon such other person as his representative, or be given in such other manner as the Commissioners shall in such case direct or approve.

Textual Amendments

F4 Words in s. 7 substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 2

F5 Words in s. 7 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 72; S.I. 2011/2329, art. 3

F6 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. VIII

8 Interpretation of “landowner.” E+W+S

The word “landowner” shall mean herein, as to lands in England, the person who shall be in the actual possession or receipt of the rents or profits of any land, whether of freehold, F7 . . ., or other tenure, except where such person shall be a tenant for life or lives holding under a lease for life or lives not renewable, or shall be a tenant for years holding under a lease or an agreement for a lease for a term of years not renewable, whereof less than twenty-five years shall be unexpired at the time of making any application to the Commissioners, without regard to the real amount of the interest of any person so excepted; and in the case where the person in the actual possession or receipt of the rents or profits of any land shall fall within the above exceptions, then the person who for the time being shall be in the actual receipt of the rent payable by the person so excepted, unless he shall also fall within the above exceptions, shall, jointly with the person who shall be liable to the payment thereof, be deemed for the purposes of this Act to be the owner of such lands; and as to lands in Scotland, the word “landowner” shall denote and include every fiarliferenter, or heir of entail who shall be in the actual possession of the land, or in receipt of the rents payable on the tacks, leases, or tenancies of the tenants in the actual possession thereof; F7 . . .; and as to lands in any part of the United Kingdom, the word “landowner” shall include a corporation, and also such persons as are empowered by the twenty-third section hereof.

Textual Amendments

F7 Words in s. 8 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Gp. 2

9 Interpretation of “improvement of land.” U.K.

By “the improvement of land” shall herein be meant all or any of the following matters:

1. The drainage of land, and the straitening, widening, deepening, or otherwise improving the drains, streams, and watercourses of any land:

2. The irrigation and warping of land:

3. The embanking and weiring of land from the sea or tidal waters, or from lakes, rivers, or streams, in a permanent manner:

4. The inclosing of lands, and the straitening of fences and redivision of fields:

5. The reclamation of land, including all operations necessary thereto:

6. The making of permanent farm roads and permanent tramways and railways and navigable canals for all purposes connected with the improvement of the estate:

7. The clearing of land:

8. The erection of labourers cottages, farmhouses, and other buildings required for farm purposes, and the improvement of and addition to labourers cottages, farmhouses, and other buildings for farm purposes already erected, so as such improvements or additions be of a permanent nature:

9. Planting for shelter:

10. The constructing or erecting of any engine-houses, waterwheels, saw and other mills, kilns, shafts, wells, ponds, tanks, reservoirs, dams, leads, pipes, conduits, watercourses, bridges, weirs, sluices, floodgates, or hatches, which will increase the value of any lands for agricultural purposes:

11. The construction or improvement of jetties or landing places on the sea coast, or on the banks of navigable rivers or lakes, for the transport of cattle, sheep, and other agricultural stock and produce, and of lime, manure, and other articles and things for agricultural purposes; provided that the Commissioners shall be satisfied that such works will add to the permanent value of the lands to be charged to an extent equal to the expense thereof:

12. The execution of all such works as in the judgment of the Commissioners may be necessary for carrying into effect any matter herein-before mentioned, or for deriving the full benefit thereof.

Modifications etc. (not altering text)

C1 S.9 extended by Limited Owners Residences Act (1870) Amendment Act 1871 (c. 84), s.3, Settled Land Act 1882 (c. 38), s.30, Agricultural Credits Act 1923 (c. 34), ss. 3(4), 5(b), (E.W.) by Public Health Act 1936 (c. 49), s. 33, (S.) by Public Health (Scotland) Act 1897 (c. 38), s. 123 and (E.W.) (S.) by Improvement of Land Act 1899 (c. 46), s. 2, Sch. 1

10 Interpretation of “person.” U.K.

The word “person” shall in this Act include companies and all other corporations.