Crown and Government Land: Prerogative, Statute and Common Law

Name: Crown and Government Land: Prerogative, Statute and Common Law
Brand: Wildy, Simmonds and Hill Publishing
SKU: 9780854902927
Price: 2145.00 HKD
Availability: InStock
Author: Christopher Jessel
ISBN: 9780854902927

By Christopher Jessel

Wildy, Simmonds and Hill Publishing January 2023

Specifications

ISBN-13: 9780854902927
Publisher: Wildy, Simmonds and Hill Publishing
Publication: January 2023
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

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