Lands Tribunal (England, Wales and Northern Ireland)

(Redirected from Lands Tribunal Act 1949)

The Lands Tribunal was a tribunal in the United Kingdom created by the Lands Tribunal Act 1949 (12, 13 & 14 Geo. 6. c. 42) that had jurisdiction in England and Wales and Northern Ireland, although in the Northern Ireland context the term Lands Tribunal normally refers to a different body, the Lands Tribunal for Northern Ireland.[citation needed] The Lands Tribunal was unusual in having both first instance and appellate jurisdiction.[citation needed] The functions of the Lands Tribunal were transferred to the Upper Tribunal in June 2009 by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009.[1]

Lands Tribunal Act 1949
Act of Parliament
Long titleAn Act to establish new tribunals to determine in place of official arbitrators and others certain questions relating to compensation for the compulsory acquisition of land and other matters, to amend the Acquisition of Land (Assessment of Compensation) Act, 1919, with respect to the failure to deliver a notice of claim, and for purposes connected therewith.
Citation12, 13 & 14 Geo. 6. c. 42
Dates
Royal assent14 July 1949
Status: Amended
Text of statute as originally enacted
Text of the Lands Tribunal Act 1949 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Jurisdiction

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The Lands Tribunal was established to replace the panel of official arbitrators which had previously determined disputes as to compensation payable to the owners and occupiers of land affected by compulsory purchase. It additionally acted as the appellate tribunal hearing rating appeals from the valuation tribunals and had jurisdiction in relation to ordering the discharge or modification of restrictive covenants affecting land, under section 84 of the Law of Property Act 1925.

A major further jurisdiction was conferred under the Leasehold Reform Act 1967 which conferred upon the long leaseholders of lower value houses in England the right to acquire their freeholds, on terms laid out by statute. Disputes as to quantum were originally decided by the Lands Tribunal. In 1980 the original jurisdiction was transferred to the newly created leasehold valuation tribunals with the Lands Tribunal becoming the appellate tribunal on such disputes.

The Lands Tribunal also had a general appellate jurisdiction in relation to decisions of the leasehold valuation tribunals and residential property tribunals.

Appeals from the Lands Tribunal were heard in the Court of Appeal.

Composition

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The President of the Lands Tribunal had to be a solicitor or barrister, and the Members either solicitors, barristers, or persons experienced in the valuation of land.

See also

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References

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  1. ^ "HM Courts & Tribunals Service: Lands Tribunal guidance". Her Majesty's Courts and Tribunals Service. November 2012. Retrieved 24 February 2013.
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