Schedule 19: Application of Part 7 to Crown land
Part 1: General
- Schedule 19 makes provision for Part 7 to have effect with modifications in certain cases where an interest in Crown land is held by or on behalf of the Crown.
Interpretation
- Paragraph 2 defines "Crown land" and who is the appropriate authority in relation to each of the categories of Crown land. In cases where it is the appropriate authority that holds an interest in Crown land held by or on behalf of the Crown, Part 7 can be left to operate in the normal way. The appropriate authority is the landowner and can create a conservation covenant. Any obligation of the authority under the covenant will be an obligation of the landowner in the ordinary way. Where that is not the case, the intention is that any obligation under a conservation covenant created by the Crown, or under a conservation covenant affecting land acquired by the Crown, should be an obligation of the appropriate authority, rather than of the Crown entity that holds the relevant estate in land. Provision is made to this effect in paragraphs 5 to 20 (see below).
Demesne land, land subject to escheat and bona vacantia
- Paragraph 3 deals with the situation where no freehold estate in land exists and, as a result of the feudal origins of land law and the fact that the Crown has dominion over all land as lord paramount, the Crown owns the land directly. This is "demesne land". For the purposes of Part 7, demesne land will be treated as if the Crown held a freehold estate in the land. This enables the Crown to create a conservation covenant over demesne land. Further, the owner of an estate in land granted or created out of demesne land will be treated as a successor and the normal rules governing whether a successor is bound by a conservation covenant will apply.
- Paragraph 4 deals with the situation where land reverts to the Crown through escheat. This occurs when the freehold interest in land ceases to exist, for example where it is disclaimed by a trustee in bankruptcy or liquidator. Where there is no freehold in land, the Crown resumes its ownership of the land. A conservation covenant is not terminated when ownership of land reverts to the Crown through escheat. A future owner of the land can also be bound by the conservation covenant (see section 122, as modified by paragraph 9 of Schedule 19). Where land to which an obligation under a conservation covenant relates reverts to the Crown through escheat, the Crown will not be liable under the obligation in respect of any period before it takes possession or control of the land, enters into occupation of the land, or becomes the holder of an estate in the land. This replicates the general rule of land law regarding the Crown’s liability in respect of land that vests in it by operation of law.
- Paragraph 5 deals with the situation where an estate in land transfers to the Crown as bona vacantia. This occurs in particular where a person dies intestate and no one is entitled to his or her estate under the intestacy rules (contained in the Administration of Estates Act 1925), or where a company is dissolved. In these circumstances, property becomes vested in the Crown. Where an estate in land to which an obligation under a conservation covenant relates passes as bona vacantia, the appropriate authority will not be liable under the covenant in respect of any period before it takes possession or control of the land or enters into occupation of the land. This replicates the general rule of land law in relation to property that vests in the Crown by operation of law.
Part 2: Conservation covenants relating to Crown land held by a person other than the appropriate authority
Agreements for the purposes of section 117
- Paragraph 6 enables a conservation covenant to be created, not by the Crown entity that holds the relevant estate in land, but by the appropriate authority acting in its place. An obligation of the appropriate authority under such a conservation covenant is then treated for the purposes of Part 7 as an obligation of the landowner.
Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- Paragraphs 7 to 12 modify various provisions in Part 7 to deal with the fact that, in this special case, the appropriate authority will act in place of the Crown entity holding the relevant estate in land (for example, an obligation of the landowner needs to bind the appropriate authority), but the provisions about successors still have to operate by reference to the actual landowner.
Part 3: Other modifications of Part 7
Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority
- Paragraphs 13 to 17 deal with the case where an interest in land to which an obligation under a conservation covenant relates is acquired by the Crown and the relevant estate in land is not held by the appropriate authority. In this case, the intention is that it should be the appropriate authority that is subject to any obligation of the landowner under the covenant, or entitled to the benefit of any obligation of the responsible body under the covenant, instead of the Crown entity that holds the relevant estate in land. To that end, paragraphs 14 to 17 provide for various provisions in Part 7 to have effect, in this special case, with appropriate modifications.
Agreements under sections 127(1) and (3), 128(1) and 129(1)
- Paragraphs 18 to 21 provide for sections 127 to 129 to have effect with modifications to deal with the fact that Parts 2 and 3 of the Schedule may produce the result, exceptionally, that the appropriate authority may be bound by an obligation of the landowner under a conservation covenant, or entitled to the benefit of an obligation of the responsible body under a conservation covenant, without being the holder of the relevant estate in land.
