The Lands Tribunal was a
tribunal in the United Kingdom
The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs).
Tribunals operate formal processes to adjudicate disputes in a similar way to cou ...
created by the Lands Tribunal Act 1949 that had jurisdiction in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, although in the Northern Ireland context the term Lands Tribunal normally refers to a different body, the
Lands Tribunal for Northern Ireland
The Lands Tribunal for Northern Ireland is a court of record in Northern Ireland established by the Lands Tribunal and Compensation Act (Northern Ireland) 1964
Land is the solid surface of the Earth that is not covered by water.
Land, lands, ...
. The Lands Tribunal was unusual in having both
first instance
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
and
appellate
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
jurisdiction. The functions of the Lands Tribunal were transferred to the
Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a ...
in June 2009 by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009.
Jurisdiction
The Lands Tribunal was established to replace the panel of official arbitrators which had previously determined disputes as to compensation payable to the owners and occupiers of land affected by compulsory purchase. It additionally acted as the appellate tribunal hearing rating appeals from the valuation tribunals and had jurisdiction in relation to ordering the discharge or modification of restrictive covenants affecting land, under section 84 of the
Law of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to moderni ...
.
A major further jurisdiction was conferred under the
Leasehold Reform Act 1967
The Leasehold Reform Act 1967c 88 is an Act of Parliament of the United Kingdom, which concerns English land law and compulsory purchase. A government bill, the law remains largely intact. It was passed by both Houses and had been tabled by minis ...
which conferred upon the long
leaseholder
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
s of lower value houses in England the right to acquire their
freeholds, on terms laid out by statute. Disputes as to quantum were originally decided by the Lands Tribunal. In 1980 the original jurisdiction was transferred to the newly created
leasehold valuation tribunal
A leasehold valuation tribunal (LVT) was a statutory tribunal in England which determined various types of landlord and tenant dispute involving residential property in the private sector. An LVT consisted of a panel of three; one with a backgroun ...
s with the Lands Tribunal becoming the appellate tribunal on such disputes.
The Lands Tribunal also had a general appellate jurisdiction in relation to decisions of the leasehold valuation tribunals and
residential property tribunal
A residential area is a land used in which housing predominates, as opposed to industrial and commercial areas.
Housing may vary significantly between, and through, residential areas. These include single-family housing, multi-family residen ...
s.
Appeals from the Lands Tribunal were heard in the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
.
Composition
The President of the Lands Tribunal had to be a
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
or
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
, and the Members either solicitors, barristers, or persons experienced in the valuation of land.
See also
*
Lands Tribunal for Scotland
The Lands Tribunal for Scotland is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 1949, wh ...
References
{{reflist
External links
the Lands Tribunal home page
English property law
Former courts and tribunals in the United Kingdom
1949 establishments in the United Kingdom
2010 disestablishments in the United Kingdom
Courts and tribunals established in 1949
Courts and tribunals disestablished in 2010