Lands Clauses Consolidation Act 1845

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Lands Clauses Consolidation Act 1845 [a]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act for consolidating in one Act certain provisions usually inserted in Acts authorizing the taking of lands for undertakings of a public nature.
Citation 8 & 9 Vict. c. 18
Territorial extent  [b]
Dates
Royal assent 8 May 1845
Commencement 8 May 1845 [c]
Other legislation
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Lands Clauses Consolidation Act 1845 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18) was an act of the Parliament of the United Kingdom that standardised provisions and definitions relating to the purchase of land by the government in England and Wales and Ireland. [1]

Contents

The act was passed to standardise how the government acquires private land for public projects and to ensure fair compensation for property owners. [2]

The Land Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict. c. 19) made similar provisions for Scotland.

As of 2025, the act remains in force in the United Kingdom.

Subsequent developments

The act was amended by the Lands Clauses Consolidation Acts Amendment Act 1860 (23 & 24 Vict. c. 106), which allowed the Secretary of State for Defence to compulsory purchase land sought under the Defence Act 1842 (5 & 6 Vict. c. 94).

The act was further amended by the Lands Clauses Consolidation Act 1869 (32 & 33 Vict. c. 18), the Lands Clauses (Umpire) Act 1883 (46 & 47 Vict. c. 15) and the Lands Clauses (Taxation of Costs) Act 1895 (58 & 59 Vict. c. 11). [2]

Criticism

The Committee on Acquisition of Land Committee (1917–1919) chaired by Lord Justice Scott gave the following opinion on the act: [3]

We are of opinion that the Lands Clauses Acts are out of date, and fail to give effect to the requirements of the community of today, and therefore that they should be repealed and replaced by a fresh code. [4]

Notes

  1. Section 4.
  2. Section 164.
  3. Section 1.

References

  1. "Lands Clauses Consolidation Act 1845 | LexisNexis". www.lexisnexis.co.uk. Retrieved 13 July 2025.
  2. 1 2 McNulty, William D. (1912). "The Power of "Compulsory Purchase" under the Law of England". The Yale Law Journal. 21 (8): 639. doi:10.2307/784838. ISSN   0044-0094.
  3. "Lord Justice Scott (Chairman),...: 19 Nov 1941: House of Commons debates". TheyWorkForYou. Retrieved 2 June 2020.
  4. Scottish Law Commission, Discussion Papers in Compulsory Purchase (2014, SLC DP No: 159), page 53. Available under the OGL via: https://www.scotlawcom.gov.uk/publications/discussion-papers-and-consultative-memoranda/2010-present/.