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Law of Property Act 1925

Changes over time for: Section 194

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Version Superseded: 01/10/2007

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Law of Property Act 1925, Section 194 is up to date with all changes known to be in force on or before 12 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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194 Restrictions on inclosure of commons.E+W

(1)The erection of any building or fence, or the construction of any other work, whereby access to land to which this section applies is prevented or impeded, shall not be lawful unless the consent of the Minister thereto is obtained, and in giving or withholding his consent the Minster shall have regard to the same considerations and shall, if necessary, hold the same inquiries as are directed by the M1Commons Act, 1876, to be taken into consideration and held by the Minister before forming an opinion whether an application under the Inclosure Acts, 1845 to 1882, shall be acceded to or not.

(2)Where any building or fence is erected, or any other work constructed without such consent as is required by this section, the county court within whose jurisdiction the land is situated, shall, on an application being made by the council of any county [F1or county borough]. . . or district concerned, or by the lord of the manor or any other person interested in the common, have power to make an order for the removal of the work, and the restoration of the land to the condition in which it was before the work was erected or constructed, but any such order shall be subject to the like appeal as an order made under section thirty of the Commons Act, 1876.

(3)This section applies to any land which at the commencement of this Act is subject to rights of common:

Provided that this section shall cease to apply—

(a)to any land over which the rights of common are extinguished under any statutory provision;

(b)to any land over which the rights of common are otherwise extinguished, if the council of the county [F1, county borough][F2or metropolitan district]. . . in which the land is situated by resolution assent to its exclusion from the operation of this section and the resolution is approved by the Minister.

(4)This section does not apply to any building or fence erected or work constructed if specially authorised by Act of Parliament, or in pursuance of an Act of Parliament or Order having the force of an Act, or if lawfully erected or constructed in connexion with the taking or working of minerals in or under any land to which the section is otherwise applicable, or to any [F3electronic communications apparatus installed for the purposes of an electronic communications code network.]

Textual Amendments

F3Words in s. 194(4) substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 3 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

C2Functions of Minister of Agriculture, Fisheries and Food under s. 194 now exercisable by Secretary of State: S.I. 1955/554 (1955 I, p. 1200), 1965/143, 1967/156 and 1970/1681

C3S. 194: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1

C7S. 194(2) modified (1.10.2006 for E. and 6.9.2007 for W.) by Commons Act 2006 (c. 26), ss. 44(1), 56, Sch. 4 para. 6 (with s. 60); S.I. 2006/2504, art. 2(f); S.I. 2007/2386, art. 3(n)

C8S. 194(4) excluded (28.6.1995) by 1995 c. iii, s. 21(1) (with s. 25)

Marginal Citations

Yn ôl i’r brig

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