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Crown and Government Land Christopher Jessel

Crown and Government Land By Christopher Jessel

Crown and Government Land by Christopher Jessel


$312.89
Condition - New
5 in stock

Summary

The Crown, in its varied manifestations, is the principal landowner in England. 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.

Crown and Government Land Summary

Crown and Government Land: Prerogative, Statute and Common Law by Christopher Jessel

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.

About Christopher Jessel

Christopher Jessel is a solicitor and was a partner with Farrer & Co, practising in rural property, constitutional and charity law.

Table of 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

Additional information

NGR9780854902927
9780854902927
0854902929
Crown and Government Land: Prerogative, Statute and Common Law by Christopher Jessel
New
Hardback
Wildy, Simmonds and Hill Publishing
2023-01-30
400
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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