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Old December 30th 09, 12:12 PM posted to uk.transport.london
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Default Rights of successors to British Transport Commission

wrote on 30 December 2009 12:08:27 ...
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 commission must 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 at
www.statutelaw.gov.uk), but there's a direct quotation from the
relevant section 57, as amended by later legislation, at

http://www.planning-inspectorate.gov...advertising/co...
(see para. 8)


The 1949 Act is no longer in force (which is why no U.K. current
statute database contains any of its terms),


Do you know which Act repealed it, and specifically section 57? It was
still being referred to in Statutory Instruments as recently as 2003.
(e.g. in the Transport for London (Consequential Provisions) Order 2003,
SI No. 1615)

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