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Crown and Government Land: Prerogative, Statute and Common Law



  


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Crown and Government Land: Prerogative, Statute and Common Law


ISBN13: 9780854902927
Published: January 2023
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £165.00



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The Crown, in its varied manifestations, is the principal landowner in England. It is active as occupier, landlord, seller, buyer, tenant and licensee and Crown bodies have a policy of positive management of their land. The Government Property Agency was formed in 2018 to rationalise the government estate, arranging for the disposal of surplus land, helping to relocate offices and advising generally in a way comparable to a commercial real estate company. Likewise the Crown Estate Commissioners and the Duchies of Lancaster and Cornwall constantly review their holdings to dispose of unsuitable investments in land and acquire new ones.

Crown and Government Land: Prerogative, Statute and Common Law is an indispensable reference work for anyone interested in this complex area of law. The book sets out the general principles that govern the way the law applies to Crown land. It looks at the structure and constitution of the various authorities which manage that land, outlines the principal types of ownership, and discusses Crown immunity in relation to acts of Parliament. It describes the rules governing particular types of property such as minerals, forestry, the foreshore and sea bed, defence facilities and land of public interest including the royal parks and palaces. The book examines the application of equitable rights and trusts to Crown land and the right to ownerless property and discusses the special rules relating to Crown conveyancing and property litigation.

Subjects:
Constitutional and Administrative Law, Property Law, Wildy, Simmonds and Hill
Contents:
Contents
Preface
Postscript
Table of Cases
Table of Primary Legislation
Table of Secondary Legislation
Table of International Conventions and EU Material
Table of Crown Practice Material
List of Abbreviations
Chart of Crown and Government Land

1. GENERAL PRINCIPLES
1.1 The law
1.2 The Crown
1.3 Vesting and management
1.3.1 Vesting
1.3.2 Management
1.3.3 Occupation
1.3.4 Representation
1.4 Landholding
1.4.1 Tenure and royal demesne
1.4.2 Comprised and belonging
1.4.3 Land of Non-Departmental Public Bodies
1.5 Acquisition and disposal
1.5.1 Acquisition and transfer
1.5.2 Disposal and the Crown Lands Act 1702
1.5.3 Concession
1.6 Public or private
1.7 Revenue or function

2. IN RIGHT OF THE CROWN;
2.1 The hereditary lands
2.2 The Crown Estate
2.3 Historic and occupied palaces
2.3.1 Buckingham Palace
2.3.2 St James’s Palace
2.3.3 Marlborough House
2.3.4 Kensington Palace
2.3.5 Windsor Castle
2.3.6 Tower of London
2.3.7 Hampton Court and Kew
2.3.8 Whitehall
2.4 The Palace of Westminster
2.5 Royal parks and gardens
2.5.1 Hyde Park
2.5.2 Kensington Gardens
2.5.3 Hampton Court Gardens and Richmond Park
2.5.4 Regent’s Park (including Primrose Hill)
2.5.5 Victoria Park
2.5.6 Victoria Tower Gardens
2.5.7 Battersea Park
2.5.8 Greenwich Park
2.5.9 Kew Gardens
2.6 Other land in right of the Crown
2.6.1 Somerset House
2.6.2 Old Land Revenue Properties
2.6.3 Greenwich Hospital
2.6.4 Osborne House
2.6.5 Trafalgar Square
2.6.6 Parliament Square Garden
2.6.7 Crown Estate Paving Commission

3. ROYAL AND MINISTERIAL ESTATES
3.1 Regalities
3.2 The Duchy of Lancaster
3.3 The Duchy of Cornwall
3.4 The Crown Private Estates
3.4.1 Royal wills
3.5 Property of the sovereign’s eldest son
3.6 Ministerial residences
3.6.1 Downing Street
3.6.2 Chequers
3.6.3 Chevening
3.6.4 Dorneywood

4. GOVERNMENT LAND
4.1 Composition of departmental land
4.2 Secretaries of State and departmental organisation
4.3 Implied powers and the Ram doctrine
4.4 Acquisition and disposal of land
4.5 Compulsory acquisition
4.5.1 Compulsory purchase
4.5.2 The Crichel Down rules

5. AGENCIES AND EMANATIONS
5.1 Non-departmental public bodies
5.2 Status of agencies and their property
5.3 Commercial operations
5.4 Emanations of the Crown
5.4.1 Acts of Parliament
5.4.2 Decided cases

6. STATUTES

PART 1 – GENERAL PRINCIPLES
6.1 Crown immunity
6.2 Implication and application
6.2.1 Implication
6.2.2 Application
6.2.3 Amendment
6.2.4 Consolidation
6.2.5 Adoption
6.3 In rem and in personam
6.4 Interests in land
6.4.1 Occupation, entry and requisition

PART 2 –
PARTICULAR LEGISLATION
6.5 Land law
6.6 Compulsory disposals
6.7 Landlord and tenant
6.7.1 Residential tenancies
6.7.2 Rent Restriction Acts
6.7.3 Rent Act 1977
6.7.4 Assured and secure tenancies
6.7.5 Enfranchisement
6.7.6 Covenants and management
6.7.7 Business and farm tenancies
6.8 Planning and construction
6.9 The environment

7. PROPERTY PORTFOLIO
7.1 Woods and forests
7.2 Minerals
7.2.1 Oil and gas
7.2.2 Coal
7.2.3 Metallic minerals
7.2.4 Gold and silver
7.2.5 Saltpetre
7.2.6 Manorial minerals
7.3 Marine estate
7.3.1 Sea bed
7.3.2 Foreshore
7.3.3 Protection and exploitation
7.3.4 New land
7.4 Energy
7.5 Defence lands
7.6 Hospitals
7.7 Whitehall
7.8 Heritage
7.9 Premises for justice
7.9.1 Courts and tribunals
7.9.2 Prisons and probation offices
7.10 Housing

8. INCORPOREAL RIGHTS
8.1 Easements and profits
8.1.1 Rights benefiting Crown land
8.1.2 Burden of existing rights
8.1.3 Burden of new rights
8.2 Covenants and powers of entry
8.2.1 Benefit of covenants
8.2.2 Burden of covenants
8.2.3 Private law rights of entry
8.2.4 Public law powers of entry
8.3 Development value
8.4 Requisitioning
8.5 Flowers and franchises
8.5.1 Franchises
8.5.2 Grant or prescription
8.5.3 Obsolete rights
8.5.4 Treasure
8.5.5 Wreck
8.5.6 Wild creatures
8.5.7 Several fisheries
8.5.8 Markets, fairs and ferries
8.5.9 Corporate status
8.6 Crown rents
8.7 Manors
8.8 Advowsons
8.9 Mortgages and charges
8.9.1 Inheritance tax charges
8.9.2 Other charges benefiting the Crown
8.9.3 Charges on Crown land

9. OWNERLESS LAND
9.1 Ownerless property in general
9.2 Bona vacantia
9.2.1 Individuals
9.2.2 Companies
9.2.3 Common law bona vacantia
9.2.4 Leaseholds of non-Companies Act corporations
9.3 Disclaimer
9.3.1 Insolvency
9.3.2 Bona vacantia
9.4 Escheat
9.4.1 Freeholds of non-Companies Act corporations
9.5 Consequences of disclaimer and escheat
9.6 Subordinate estates and interests
9.6.1 Rights binding the land
9.6.2 Positive covenants
9.6.3 Rights benefiting the land
9.7 Trusts
9.7.1 Beneficial interests
9.7.2 Trusteeships
9.7.3 Clubs
9.8 Automatic vesting
9.8.1 Bona vacantia
9.8.2 Escheat
9.8.3 Inquisition of escheat
9.9 Effect of restoration

10. EQUITIES AND TRUSTS
10.1 The equitable jurisdiction
10.2 Crown as beneficiary
10.2.1 The Crown and Duchies are not trusts
10.2.2 Government land
10.2.3 Beneficial interests under trusts
10.2.4 Private estates
10.2.5 Ministerial residences
10.3 Crown as trustee
10.3.1 Use of trustee expressions
10.3.2 Undivided shares
10.3.3 Ministry of Justice trustees
10.4 Equitable interests affecting Crown land
10.5 Perpetuities
10.6 Estoppel

11. HIGHWAYS AND PUBLIC RIGHTS OF WAY
11.1 Vesting of highways
11.2 Highway authorities
11.3 Express creation and diversion
11.4 Common law inferred dedication
11.5 Statuory inferred dedication
11.6 Private interests and inferred dedication
11.6.1 Private leaseholds
11.6.2 Crown leaseholds and other rights
11.6.3 Acquired land
11.6.4 After disposal of land
11.7 Inconsistency with public function
12. ACCESS LAND
12.1 Royal parks
12.2 Open country and common land
12.3 The coast
12.4 Town and village greens
12.5 Miscellaneous public access
12.5.1 Palaces and historic buildings
12.5.2 Windsor Estate
12.5.3 Forestry Commission
12.5.4 Trafalgar and Parliament Squares
12.5.5 Blackheath
12.5.6 Other London open spaces
12.5.7 Local authority powers
12.5.8 Private parks
12.5.9 Inheritance tax exemptions and transfers

13. LITIGATION
13.1 Crown proceedings
13.2 Tort
13.3 Contract and property
13.3.1 Limitation and adverse possession
13.3.2 Purprestures
13.4 Criminal liability
13.5 Judicial review
13.6 Remedies
13.6.1 Injunctions
13.6.2 Other remedies
13.7 Private estates and Duchies
14. Conveyancing
14.1 Parties and authorisation
14.2 The contract
14.2.1 Ambiguous documentation
14.2.2 Clawback and overage
14.3 Disposals
14.3.1 Power of disposal
14.3.2 Deduction of title
14.3.3 Title by operation of law
14.3.4 Succession
14.4 Leases and licences
14.4.1 Leases by the Crown
14.4.2 Covenants in leases
14.4.3 Licences
14.4.4 Leases to Secretaries of State
14.4.5 Leases and the sovereign
14.5 Covenants generally
14.6 Inter-Crown dealings
14.6.1 Informal leases
14.7 Execution and sealing
14.7.1 Private Estates
14.7.2 Departments
14.7.3 Crown Estate and Duchies
14.7.4 The Great Seal
14.8 Enrolment
14.9 Land registration

15. TAXATION
15.1 Stamp duty land tax
15.2 Value added tax
15.3 Rates
15.4 Personal taxes of the Royal Family

16. BEYOND ENGLAND
16.1 Devolved administrations
16.1.1 Scotland
16.1.2 Northern Ireland
16.1.3 Wales
16.2 Crown dependencies
16.3 Overseas territories
16.4 Commonwealth realms
16.5 Former realms

APPENDICES
A1 NATURE OF THE CROWN
A1.1 Two bodies
A1.2 Corporate personality
A1.3 One and indivisible
A1.4 The Town Investments case

A2 HISTORICAL OUTLINE
A2.1 Anglo-Saxon
A2.2 Norman Conquest
A2.3 Rule of law
A2.4 Crown land and revenues
A2.5 Tudors and Stuarts
A2.6 Constitutional government
A2.7 Expansion of government

A3 DEVOLUTION OF WOODS AND WORKS
A3.1 Origins to 1851
A3.2 The Crown Estate
A3.3 Works and environment
A3.4 Department for Digital, Culture, Media and Sport
A3.5 Other departments

A4 STATUTES
A4.1 The Crown Lands Act 1702, s 5
A4.2 The Civil List Act 1760, s 3
A4.3 The Civil List Act 1831, s 2
A4.4 The Civil List Act 1837, s 1

A5 ROYAL WARRANT FOR LAND REGISTRATION

Index