The Settled Land Acts were a series of English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is a major part of the wider English property law.English land law
Full Answer
What is an a settlement?
A settlement is defined by s2 (1) of the 1882 Act as "any land or any estate or interest in land, which stands for the time being limited to or in trust for any persons by way of succession". Basically whenever a document creates a succession of interests in land the Settled Land Acts will apply.
What does the Settled Land Act mean?
Legislation. A settlement is defined by s2 (1) of the 1882 Act as "any land or any estate or interest in land, which stands for the time being limited to or in trust for any persons by way of succession". Basically whenever a document creates a succession of interests in land the Settled Land Acts will apply.
What is Land Disputes Settlement Act 1975?
Land Disputes Settlement Act 1975, Being an Act to provide for the settlement of disputes in relation to interests in customary land, and for related purposes. PART I.– PRELIMINARY. PURPOSE OF THIS ACT.
What is the White Earth Reservation Land Settlement Act of 1985?
S. 1396 (99th): White Earth Reservation Land Settlement Act of 1985. A bill to settle unresolved claims relating to certain allotted Indian lands on the White Earth Indian Reservation, to remove clouds from the titles to certain lands, and for other purposes.
What is the purpose of the settlement act?
The Settled Land Acts were a series of English land law enactments concerning the limits of creating a settlement, a conveyancing device used by a property owner who wants to ensure that provision of future generations of his family.
What is strict settlement?
A strict settlement can only be created over land and it was a device which was used by a landowner to keep the land within his family. By using the device of the strict settlement the ownership of the property was divided over time by using limited freehold estates .
How long can a lease last?
Section 6 allows a tenant for life to lease the land or any part of it. The lease will last for the full term even if the tenant for life dies before its termination. There are certain conditions and restrictions – • There are maximum limits on the lengths of such leases Building leases could only be granted for 99 years. Mining leases could only be granted for 60 years. Other leases could only be granted for 35 years. • Section 7 laid out certain requirements – the lease had to be made by deed and must come into effect in possession within 12 months of its date • Every lease must reserve the best rent that can reasonably be obtained • Every lease must contain a covenant by the lessee for payment of the rent and a condition for re-entry in the event of the rent remaining unpaid for a period not exceeding 30 days. • A counterpart of the lease had to executed by the lessee and delivered to the tenant for life • Notice must be given to the trustees of the settlement before the lease is granted – s.45. However under S7 of the 1890 Act the tenant for life can grant a lease for under 21 years provided a fine is not payable, the lessee is not exempted for liability for waste and it reserves the best rent that can reasonably be obtained without giving notice and notwithstanding the fact that there are no trustees of the settlement.
What was the second aim of the legislation?
Second aim of the legislation was to protect the interests of the beneficiaries under the settlement. Their interests were over-reached i.e. they detached from the land and became attached to the proceeds of sale instead, their interests shifted to the money – i.e. the settlement now applied to the proceeds of sale.
What was the purpose of the Mining Leases Act?
The Settled Land Acts 1882 to 1890. The primary aim of this legislation was as Lord Halsbury stated in Bruce v. Ailesbury "to release the land from the fetters of the settlement – to render it a marketable article not withstanding the settlement".
What is Section 59?
Section 59 creates one situation of settled land where there is no element of succession – where an infant is entitled in possession to land it is deemed to be settled land even though it may not be limited by way of succession i.e. he might he entitled to a fee simple.
How were provision made for the younger children of the landowner?
Provision could be made for the younger children of the landowner by giving them a capital sum on reaching a certain age or getting married (portions). These were capital sums designed to set them up for life. They were secured by charging them on the land.
Examples of Land Settlement in a sentence
A perpetual lease under the Land Act 1898, the Land Act 1900, the Land Act 1900 (No.
Related to Land Settlement
Trading and Settlement Code or “TSC” means the Single Electricity Market Trading and Settlement Code or any replacement thereof which sets out the rules for trading in electricity and settling energy imbalances and the responsibilities of parties to the code;
Who may establish a local land court in and for a province specified in the notice?
The Minister may, by notice in the National Gazette, establish a Local Land Court in and for a province specified in the notice.
Who can mediate a land dispute?
a Land Mediator may mediate the dispute if no other Land Mediator has been appointed, or has commenced, to mediate the dispute.
What does "pending" mean in land court?
pending an agreement between the parties or a decision of a Local Land Court.
Who determines the terms and conditions of employment of land mediators?
The terms and conditions of employment of Land Mediators are as determined from time to time by the Minister.
Can a land magistrate order another land mediator?
may apply to a Local Land Magistrate for an order requesting another Land Mediator to continue the mediation.
Sponsor and status
This bill was enacted after being signed by the President on March 24, 1986.
Position statements
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History
A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law.
What is settled land?
Land that is the subject of a settlement under the Settled Land Act 1925, i.e. land in which two or more beneficial interests exist in succession to one another or land that is subject to certain other fetters on the owner's powers.
When land is left to A and B, who is entitled to a half share?
For example, when land is left to A and B provided they respectively attain the age of 18, the elder is absolutely entitled to a half share on reaching 18 but may become entitled to the whole of the land absolutely if the younger dies during minority.
What is a vesting deed?
The vesting deed transferred the legal estate in the settled land to the immediate beneficiary; it also had to identify the trustees of the settlement. A will that effected a settlement constituted the trust instrument; the legal estate devolved upon the testator's personal representatives on trust to vest it, by deed or assent, ...
When the legal estate could not be transferred to the immediate beneficiary, it had to be vested in a?
When the legal estate could not be transferred to the immediate beneficiary (e.g. because he was under 18), it had to be vested in a statutory owner. (1) Land held in trust for any persons by way of succession; for example, in trust for A for life then B for life then C in fee simple.
Can settlements be created after 1996?
No such settlements can be created after 1996; most of the arrangements described below can now exist as trusts of land with the exception of entailed interests, which can no longer be created. Existing settlements continue until coming naturally to an end.
What was the purpose of the Act of Settlement?
In 1662, an Act of Settlement 1662 (after the Restoration) aimed to reduce its effect on Protestant and "innocent Catholics.". This Act returned some lands to prominent Irish Royalists, but left most of the land confiscated from Irish Catholics in Protestant hands. This was similar to the post-Restoration situation in England, ...
What was the Act for the Settlement of Ireland?
Act for the Settlement of Ireland 1652 Part of Preamble. Ten named leaders of the Royalist forces in Ireland , together with anyone who had participated in the Irish Rebellion's early stages and who had killed an Englishman other than in battle, lost their lives and estates.
What act repaid creditors with land forfeited by the rebels?
Also money to pay for the wars had been raised under the 1642 Adventurers' Act, that repaid creditors with land forfeited by the 1641 rebels. These and other creditors had mostly resold their property interests to local landowners who wanted these recent property transfers reconfirmed by an over-riding Act, for the avoidance of doubt.
When did Irish land owners leave?
This was interpreted by the English Parliamentarian authorities in Ireland who ordered all Irish land owners to leave for those lands before 1 May 1654 or be executed. However, in practice, most Catholic landowners stayed on their land as tenants and the numbers of those either transplanted or executed was small.
What was the Parliament of England after the expence of much blood and treasure for suppression of the horrid Rebellion?
Whereas the Parliament of England, after the expence of much Blood and Treasure for suppression of the horrid Rebellion in Ireland, have by the good Hand of God upon their undertakings , brought that Affair to such an Issue , as that a total Reducement and Settlement of that Nation may , with Gods blessing, be speedily effected ...
Overview
Two main types of settlement
• Under a trust for sale, the property, which can be real or personal (land or goods), is transferred by the owner by deed or will to trustees who are obliged to sell the property and hold the proceeds of sale for the beneficiaries.
• A strict settlement can only be created over land and it was a device which was used by a landowner to keep the land within his family.
The limited freehold estates
• A fee tail is a limited estate with succession confined to the direct descendants of the original holder of the estate – descendant determined according to ancient heirship rules which leaned in favour of the eldest son.
• A life estate is an estate to last someone's lifetime, either the grantee's lifetime or the lifetime of someone else – a life estate pur autre vie. These estates were used in the creation of a strict settlement.
Disadvantages of strict settlements
• The eldest son could not sell the land.
• It was not feasible to grant a long lease of the property.
• He often could not even open and work any mines on the land himself as the laws of waste apply to life estates and they provide that you cannot open new mines unless you are unimpeachable for waste. Even if he was unimpeachable for waste he would often not have the money to open them. This meant that the optimum benefit could not be obtained from the land and me…
• The eldest son could not sell the land.
• It was not feasible to grant a long lease of the property.
• He often could not even open and work any mines on the land himself as the laws of waste apply to life estates and they provide that you cannot open new mines unless you are unimpeachable for waste. Even if he was unimpeachable for waste he would often not have the money to open them. This meant that the optimum benefit could not be obtained from the land and meant that …
Collective title
The Settled Land Acts 1882 to 1890 is the collective title of the following Acts:
• The Settled Land Act 1882 (45 & 46 Vict c 38)
• The Settled Land Act 1884 (47 & 48 Vict c 18)
• The Settled Land Acts (Amendment) Act 1887 (50 & 51 Vict c 30)
Legislation
• Mining Leases Act 1723
• The Incumbered Estates Ireland Act 1849
• The Settled Land Acts 1882 to 1890
The primary aim of this legislation was as Lord Halsbury stated in Bruce v. Ailesbury "to release t…
Where powers conferred do not apply
There are two scenarios where the tenant for life does not exercise the powers conferred by the Act.
• Where the person entitled in possession is an infant in which case under s.60 the trustees of the settlement exercise the powers.
• The other exception is where the tenant wishes to exercise his power of sale but he wishes to buy the fee simple (so he wishes to buy it from himself) – under …
Controls
Three controls were incorporated into the legislation to prevent the tenant for life abusing his powers:
A s 53 tenant for life must "have regard to the interests of all parties entitled under the settlement." He is required to have regard to the interests of the beneficiaries but he is not the same as the usual trustee since he is always one of the beneficiaries. In Re Earl of Stamford an…