SETTLED LAND ACT, 1882. 45 & 46 VICT. c. 38. c. 38. An Act for facilitating Sales, Leases, and other dispositions of 45 & 46 VICT. Settled Land, and for promoting the execution of Improvements thereon. [10 August, 1882.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I.-PRELIMINARY. PRELIMINARY. 1.—(1.) This Act may be cited as the Settled Land Act, Short title; 1882. ment; (2.) This Act, except where it is otherwise expressed, shall commencecommence and take effect from and immediately after the thirtyfirst day of December one thousand eight hundred and eightytwo, which time is in this Act referred to as the commencement of this Act. (3.) This Act does not extend to Scotland. extent. II. DEFINITIONS. DEFINITIONS. settlement, &c. 2.-(1.) Any deed, will, agreement for a settlement, or other Definition of agreement, covenant to surrender, copy of court roll, Act of tenant for life, Parliament, or other instrument, or any number of instruments, whether made or passed before or after, or partly before and partly after, the commencement of this Act, under or by virtue of which instrument or instruments any land, or any estate or interest in land, stands for the time being limited to or in trust for any persons by way of succession, creates or is for purposes VOL. II. 3 E c. 38. 45 & 46 VICT. of this Act a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case requires. (2.) An estate or interest in remainder or reversion not disposed of by a settlement, and reverting to the settlor or descending to the testator's heir, is for purposes of this Act an estate or interest coming to the settlor or heir under or by virtue of the settlement, and comprised in the subject of the settlement. (3.) Land, and any estate or interest therein, which is the subject of a settlement, is for purposes of this Act settled land, and is, in relation to the settlement, referred to in this Act as the settled land. (4.) The determination of the question whether land is settled land, for purposes of this Act, or not, is governed by the state of facts, and the limitations of the settlement, at the time of the settlement taking effect. (5.) The person who is for the time being, under a settlement, beneficially entitled to possession of settled land, for his life, is for purposes of this Act the tenant for life of that land, and the tenant for life under that settlement. (6.) If, in any case, there are two or more persons so entitled as tenants in common, or as joint tenants, or for other concurrent estates or interests, they together constitute the tenant for life for purposes of this Act. (7.) A person being tenant for life within the foregoing definitions shall be deemed to be such notwithstanding that, under the settlement or otherwise, the settled land, or his estate or interest therein, is incumbered or charged in any manner or to any extent. (8.) The persons, if any, who are for the time being, under a settlement, trustees with power of sale of settled land, or with power of consent to or approval of the exercise of such a power of sale, or if under a settlement there are no such trustees, then the persons, if any, for the time being, who are by the settlement declared to be trustees thereof for purposes of this Act, are for purposes of this Act trustees of the settlement. (9.) Capital money arising under this Act, and receivable for the trusts and purposes of the settlement, is in this Act referred to as capital money arising under this Act. (10.) In this Act (i.) Land includes incorporeal hereditaments, also an un divided share in land; income includes rents and profits; and 45 & 46 VICT. possession includes receipt of income: (ii.) Rent includes yearly or other rent, and toll, duty, royalty, or other reservation, by the acre, or the ton, or otherwise; and, in relation to rent, payment includes delivery; and fine includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift: (iii.) Building purposes include the erecting and the improving of, and the adding to and the repairing of, buildings; and a building lease is a lease for any building purposes or purposes connected therewith: (iv.) Mines and minerals mean mines and minerals whether already opened or in work or not, and include all minerals and substances in, on, or under the land, obtainable by underground or by surface working; and mining purposes include the sinking and searching for, winning, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away, and disposing of mines and minerals, in or under the settled land, or any other land, and the erection of buildings, and the execution of engineering and other works, suitable for those purposes; and a mining lease is a lease for any mining purposes or purposes connected therewith, and includes a grant or licence for any mining purposes: (v.) Manor includes lordship, and reputed manor or lordship : (vi.) Steward includes deputy steward, or other proper officer, of a manor: (vii.) Will includes codicil, and other testamentary instrument, and a writing in the nature of a will: (viii.) Securities include stocks, funds, and shares : (ix.) Her Majesty's High Court of Justice is referred to as the Court: (x.) The Land Commissioners for England as constituted by this Act are referred to as the Land Commissioners: (xi.) Person includes corporation. c. 38. 45 & 46 VICT. c. 38. SALE; ENFRANCHISEMENT; EXCHANGE; PARTITION. General Powers and Regulations. Powers to tenant for life to sell, &c. Regulations III. SALE; ENFRANCHISEMENT; EXCHANGE; PARTITION. General Powers and Regulations. 3. A tenant for life (i.) May sell the settled land, or any part thereof, or any easement, right, or privilege of any kind, over or in relation to the same; and (ii.) Where the settlement comprises a manor-may sell the seignory of any freehold land within the manor, or the freehold and inheritance of any copyhold or customary land, parcel of the manor, with or without any exception or reservation of all or any mines or minerals, or of any rights or powers relative to mining purposes, so as in every such case to effect an enfranchisement; and (iii.) May make an exchange of the settled land, or any part thereof, for other land, including an exchange in consideration of money paid for equality of exchange; and (iv.) Where the settlement comprises an undivided share in land, or, under the settlement, the settled land has come to be held in undivided shares-may concur in making partition of the entirety, including a partition in consideration of money paid for equality of partition. 4.-(1.) Every sale shall be made at the best price that can respecting sale, reasonably be obtained. enfranchise ment, ex change, and partition. (2.) Every exchange and every partition shall be made for the best consideration in land or in land and money that can reasonably be obtained. (3.) A sale may be made in one lot or in several lots, and either by auction or by private contract. (4.) On a sale, the tenant for life may fix reserve biddings and buy in at an auction. (5.) A sale, exchange, or partition may be made subject to any stipulations respecting title, or evidence of title, or other things. C. 38. General Powers and (6.) On a sale, exchange, or partition, any restriction or 45 & 46 VICT. reservation with respect to building on or other user of land, or with respect to mines and minerals, or with respect to or for the purpose of the more beneficial working thereof, or with respect Regulations. to any other thing, may be imposed or reserved and made binding, as far as the law permits, by covenant, condition, or otherwise, on the tenant for life and the settled land, or any part thereof, or on the other party and any land sold or given in exchange or on partition to him. (7.) An enfranchisement may be made with or without a regrant of any right of common or other right, easement, or privilege theretofore appendant or appurtenant to or held or enjoyed with the land enfranchised, or reputed so to be. (8.) Settled land in England shall not be given in exchange for land out of England. incumbrances &c. 5. Where on a sale, exchange, or partition there is an incum- Transfer of brance affecting land sold or given in exchange or on partition, on land sold, the tenant for life, with the consent of the incumbrancer, may charge that incumbrance on any other part of the settled land, whether already charged therewith or not, in exoneration of the part sold or so given, and, by conveyance of the fee simple, or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or otherwise, make provision accordingly. IV.—LEASES. General Powers and Regulations. 6. A tenant for life may lease the settled land, or any part thereof, or any easement, right, or privilege of any kind, over or in relation to the same, for any purpose whatever, whether involving waste or not, for any term not exceeding— (i.) In case of a building lease, ninety-nine years : LEASES. General Powers and Regulations. Power for to lease for ordinary or tenant for life building or mining purposes. |