On 30 Dec, 12:08, " wrote:
On Dec 30, 9:39*am, "Richard J." wrote:



Desmo Paul wrote on 30 December 2009 07:38:35 ...

Does anyone know about the British Transport Commission Act 1949? *I
am told that it prevents anyone obtaining an easement over land owned
by the BTC or their successors. *The Land Registry says "Since the
passing of the British Transport Commission Act 1949, it has not
been possible to acquire a right of way by prescription over land
owned by the
commission and forming an access or approach to, among other things,
any
station, depot, dock or harbour belonging to the commission (s.57,
British
Transport Commission Act 1949). The references to the commissionmust
now
be read to include successor rail authorities and the BritishWaterways
Board."

I cannot find any version of the act and am wondering if anyone has
the precise text?

I haven't found the whole Act (it doesn't seem to be online atwww.statutelaw.gov.uk), but there's a direct quotation from the
relevant section 57, as amended by later legislation, athttp://www.planning-inspectorate.gov.uk/pins/row_order_advertising/co...
(see para. 8)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)- Hide quoted text -

- Show quoted text -

The 1949 Act is no longer in force (which is why no U.K. current
statute database contains any of its terms), but from Butterworths
online service, the following preamble is still listed:-

"British Transport Commission Act 1949
1949 CHAPTER xxix
An Act to empower the British Transport Commission to construct works
and to acquire land to empower the Mersey Docks and Harbour Board to
dispose of certain lands to the Commission to make provision as to the
rates dues and charges leviable by the Commission at certain of their
docks to authorise the closing for navigation of portions of certain
inland waterways to amend in certain respects the River Lee Water Act
1855 as amended by subsequent enactments to extend the time for the
compulsory purchase of certain lands the completion of certain works
and the exercise of certain powers to confer further powers on the
Commission and for other purposes.

[30 July 1949]

And whereas it is the duty of the Commission (inter alia) so to
exercise their powers under the Act of 1947 as to provide or secure or
promote the provision of an efficient adequate economical and properly
integrated system of public inland transport and port facilities
within Great Britain for passengers and goods and for that purpose to
take such steps as they consider necessary for extending and improving
the transport and port facilities within Great Britain in such manner
as to provide most efficiently and conveniently for the needs of the
public agriculture commerce and industry:
And whereas it is expedient that the Commission should be empowered to
construct the works authorised by this Act and to acquire the lands
referred to in this Act:
And whereas it is expedient to authorise the Mersey Docks and Harbour
Board to dispose of certain lands in the county borough of Birkenhead
to the Commission:
And whereas it is expedient that the Commission should be authorised
to levy at their Holyhead Harbour and Hull Docks rates dues and
charges in accordance with the provisions of this Act:
And whereas the Commission are the owners of the Swansea Canal
authorised by the Act 34 Geo 3 c 109 and the Monmouthshire Canal
authorised by the Act 32 Geo 3 c 102 and are the navigation authority
in respect of the Aire and Calder Navigation of which the portion of
the river Aire in this Act mentioned forms part:
And whereas the portions of the said respective canals and of the
river Aire in this Act mentioned have not for sometime past been used
for purposes of navigation and it is expedient that the Commission
should be relieved of their obligations to maintain the said portions
of canals and river for navigation:
And whereas it is expedient to make provision as in this Act contained
with respect to the payments to be made by the Metropolitan Water
Board to the Commission under the River Lee Water Act 1855 as amended
by subsequent enactments:
And whereas as it is expedient that the periods now limited for the
compulsory purchase of certain lands the completion of certain works
and the exercise of certain powers by the Commission should be
extended as provided by this Act:
And whereas it is expedient that the other powers in this Act
contained should be conferred upon the Commission and that the other
provisions in this Act contained should be enacted:
And whereas plans and sections showing the lines or situations and
levels of the works to be constructed under the powers of this Act and
plans of the lands authorised to be acquired by this Act and a book of
reference to such plans containing the names of the owners and lessees
or reputed owners and lessees and of the occupiers of the said lands
were duly deposited with the clerks of the county councils of the
several counties and the town clerks of the county boroughs within
which the said works will be constructed or the said lands are
situated which plans sections and book of reference are respectively
referred to in this Act as the deposited plans the deposited sections
and the deposited book of reference:
And whereas the purposes of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your Majesty that it may be enacted and be it
enacted by the King'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:—"

Hope this helps!

M.M.

Can a legal easement be obtained over land owned by a railway
company? Or rather could it be obtained say in 1955 whether latterly
repealed or not? It seems railway land was curiously protected?