the compensation of leaseholders, tenants from year to year, and tenants at will (h).

The Act also contains provisions enabling the promoters, upon the discovery at any time of the existence of outstanding estates or interests, the purchase whereof may have been omitted by mistake, to purchase the same compulsorily; and prescribes the manner in which the value thereof is to be estimated, and provides for the payment of the costs of litigation with reference to such lands (i).

Superfluous Lands.-The promoters are, within the time prescribed by the special Act, or, if no period be prescribed within ten years after the expiration of the time thereby limited for the completion of the works, to sell such lands as shall not be required for the purposes of the undertaking (k). Such superfluous lands, unless they be situate in a town (1), or be lands built upon or used for building purposes (m), are to be first offered to the person then entitled to the lands, if any, from which the same were originally severed, or, if he refuse, or for six weeks neglect to signify his wish to purchase the same, or cannot be found, then to other adjoining

(h) Sections 119-122.

(i) Sections 124-126.

(k) Section 127. This section is not incorporated in the Public Health Act, 1875, or in the Gasworks Clauses Act, 1871.

(1) As to what are lands situate within a town within the meaning of this section (128), see Elliot v. South Devon Rail. Co. (1848), 5 Rail. Cas. 500.

(m) London and South Western Rail. Co. v. Blackmore (1870), L. R. 4 H. L. 610.

owners; and unless a sale be made either to such person or adjoining owners, the superfluous lands remaining unsold after such period are to 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 (n). But a company may contract for a sale of superfluous lands before having made the prescribed offers, and having subsequently made the same and had them refused may enforce the contract (o). The sale must be an absolute one; and if an option of re-purchase is reserved the sale is void (p).

In every conveyance by the promoters the word grant shall operate as express covenants by the promoters with the grantees therein named, that they were seised in fee, for quiet enjoyment, free from incumbrances by the promoters, and for further assurance (q).

SECTION 9.

COSTS.

The provisions of the Lands Clauses Act with regard to costs are briefly as follows:

(1) In the case of an arbitration (r) or assessment

by a jury (s), if the amount of compensation

(n) 8 & 9 Vict. c. 18, ss. 127-129. As to what are superfluous lands within the meaning of these sections, see Betts v. Great Eastern Rail. Co. (1878), 3 Ex. D. 182; Great Western Rail. Co. v. May (1874), L. R. 7 H. L. 283. The test is whether or not there is reason to believe that within a reasonable time the land will be required for the purposes of the undertaking. (0) London and Greenwich Rail. Co. v. Goodchild (1844), 8 Jur. 455.

(p) Ray v. Walker, [1892] 2 Q. B. 88. (9) 8 & 9 Vict. c. 18, s. 132.

(r) Ibid., s. 34.

(8) Section 51.

awarded is the same or less than the sum offered by the promoters, each side pays his own costs. If more is awarded, all costs are borne by the promoters.

(2) The costs of a valuation by a surveyor, in the case of absent parties, are always borne by the promoters (t).

(3) In the case of an arbitration demanded by an absent party who is dissatisfied with the surveyor's valuation, if the surveyor's valuation is upheld, all the costs are borne by such party; but if more is awarded than the valuation, the costs are borne by the promoters (u).

(4) In all cases of moneys deposited in the

bank, except when such moneys have been deposited by reason of the wilful (i.e., capricious) refusal of any party entitled thereto to receive the same, or to convey or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, the costs are borne by the promoters (x).

CONVEYANCING COSTS.

(5) The costs of conveyances of lands purchased under the provisions of the Lands Clauses Act or special Act, are borne by the promoters, and such costs include all charges

(t) Section 62.

(u) Section 67.

(r) Section 80.

and expenses incurred on the part as well of the vendor as of the purchaser of all conveyances and assurances of any such lands and of any outstanding terms or interests therein and of deducing, evidencing, and verifying the title to such lands, terms, or interests (y).

Under this section (82) the costs of obtaining a vesting order under the Trustee Act; the costs of taking out administration to leaseholds (and also, it is presumed, to freeholds when the Land Transfer Act, 1897, applies); and the costs and fees payable on the admittance to copyholds of the vendor's heir are borne by the promoters (2). With respect, however, to the lord's fine on the admittance of the heir, different considerations arise, and it has been held that the promoters are not liable (a).

This section (82) applies to the purchase of lands by agreement under the Act as well as to compulsory purchases.

The scale charge under Sched. I., Part I., of the General Order under the Solicitors' Remuneration Act is inapplicable to sales under the Lands Clauses Act (b).

(y) Section 82.

(2) Re London United Tramways Act, 1900, [1906] 1 Ch. 534; Jepson, p. 253.

(a) Re Thames Tunnel Act, 1900, [1908] 1 Ch. 493. (b) In re Burdekin, [1895] 2 Ch. 136.

PART III.

OF THE VENDOR'S TITLE.

CHAPTER IX.

ABSTRACT OF TITLE.

SECTION 1.

REGISTERED LAND.

THE primary consideration with reference to the sale or purchase of an estate is the title of the proposed vendor, and before entering into a contract for sale the state of the title of the person about to sell should be ascertained by him, in order that he may protect himself by inserting in the contract such special stipulations as the nature of his title and the evidence thereof in his possession may render necessary to preclude a purchaser from calling for such a deduction of title as a mere open contract would otherwise entitle him to insist upon.

Under the Land Transfer Acts, 1875 and 1897 (a), the title to land may be registered either as an absolute title, a qualified title, or a possessory title.

(a) 38 & 39 Vict. c. 87; 60 & 61 Vict. c. 65.