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Adjoining

lands, act, owners and land

ADJOINING OWNERS.—Under the Land Clauses Act, 1845, pro vision is made whereby promoters of railway or other similar undertakings of a public nature, under that or some special Act, may deal with land not required for the purposes of the undertaking. Such laud is termed "super fluous lands," and must be sold or disposed of within the time limited by the special Act. If there is no such limitation, it must be within ten years after the expiration of the time limited by the special Act for the completion of the construction of the undertaking. Unless such lands are situate within a town, or are built upon, or used for building purposes, certain persons have a first right of pre-emption or purchase.

Such persons are termed "adjoining owners." They include (a) the person then entitled to the lands (if any) from which the superfluous lands were originally severed ; or if he refuse to purchase or cannot be found, (b) the persons whose lands immediately adjoin the lands proposed to be sold. Where more than one person are entitled to pre-emption, an offer of sale must be made to them in succession, in such order as the promoters may think fit. The offer for sale must be refused or accepted within six weeks, Superfluous lands not so disposed of at the expiration of such period, them upon vest in and become the property of the owners of the land adjoining thereto in proportion to the extent of their lands respectively adjoining the same. It should be noted that a person may be entitled to undisposed of

superfluous lands, even though he is not an adjoining owner within the definition thereof as above. Lessees for years may be adjoining owners; so may persons who have purchased the adjoining lands from the promoters (or the subsequent company) themselves.

Under the London Building Act, 1894, an adjoining owner is the owner, or one of the owners of land, storeys, or rooms adjoining those of the building owner. Under the Public H ' Health Act, 1875, owners of premises fronting, adjoining, or abutting on streets are chargeable with the expense of sewering, paving, &c., such streets. In considering whether houses adjoin, which are placed in close proximity to the part of the street which is to be paved, it is a most important fact, and in many cases a dominant fact, to see whether there is a substantial access and advantage which the houses enjoy from that portion of the street which is to be paved. A substantial access and advantage of that kind, coupled with close woximity, may bring a case within the word adjoin, though there is no actual touch.