Jaxtjart 14, 1899.
THE ESTATES GAZETTE
52
bridge had rendered the mansion totally unsuitable for the occupation of a; gentleman who could afford to maintain a property of this description. In his opinion the house would now have to be used as a school or institution. It was now worth only one-half the price paid by Mr. AUhusen, who had paid altogether £18,000. Mr. Allhusen should consequently be paid £9,000. Witness had allowed £1,000 for compulsory removal, loss on fixtures, and expenses¡ incurred in finding another property.
Sir J. Whittaker Ellis, Bart., F.S.I. (Messrs. Parebrother, Ellis and Co., 29, Fleet-street, E.C.), described Twyford Abbey as a property that would only be held by a wealthy gentleman desiring to possess a place free from all obstruction. The railway bridge and embankment were most objectionable, and had entirely changed the character of the residence. Witness did not think that the mansion would be saleable in future as a private residence. The coming of the railway and the construction of the bridge across the avenue would dimmish its value by one-half.
Mr. W. Roland Peck, F.S.I. (Messrs. Hampton and Sons, 1, Cockspur-street, S.W.), agreed with the other witnesses that the avenue was a peculiar and attractive feature of the property, and that the dipping of the road and the construction of the bridge were very detrimental to its value. Witness agreed with Mr. Tewson that one-half its value had practically gone. The claimant was also entitled to the amount that had been judiciously spent upon the property.
FOE THE KAILWAY COMPANY.
Mr. Freeman, in opening the case for the railway company, submitted that the claimant’s case had been conducted upon wrong principles, inasmuch as the danger of driving under the bridge in the way in which it would affect Mrs. Allhusen’s feelings had been anticipated. That, counsel submitted, was not the basis upon which the damage to the property should be estimated. The Arbitrator should take a broad view, and consider its present value as a residential estate compared with the price originally paid by the owner. The mere fact that Mrs. Allhusen was very sensitive to noise and danger did not justify the claim, and ought not to be taken into consideration. Another point was that the owner was only entitled to compensation for the actual damage done. According to legal decisions he was not entitled to one penny compensation in respect of the embankment, which had been constructed on an adjoining property.
Mr. Balfour Browne (interrupting) remarked that he entirely dissented from that principle.
Mr. Freeman said the principle he had mentioned was laid down in the case of “ Cowper Essex v. Acton Local Board,” which was discussed at some length, in the later case of “Pearce v. London School Board.” In the latter case, the School Board had acquired a piece of land in the middle of an estate for the erection of a school, and it was contended that a nuisance would be caused by the children to the remainder of the estate. Sir Edward Clarke was counsel for the School Board, and his argument was that the nuisance complained of should actually take place upon land belonging to the claimant themselves. The Court held that, although the damage must be caused by something on the land taken from the claimant, yet the children coming to the school was only an adjunct to the School Board, and therefore fulfilled those conditions. In the present case, the only land taken was the avenue, and whatever they might do upon the adjoining land had absolutely nothing to do with it. Counsel proceeded to deal with the circumstances of the case, and to remark that although the property was so near London it was most unlikely that it could long maintain its privacy, owing to the operations of the builder. The Great Western Railway Company owned adjoining land, and it was, of course, open for them to deal with it in any way they liked. They could certainly use it in many ways which would be more or less objectionable to the owner of Twyford Abbey, and detrimental to his property. Mr. Allhusen could only reasonably expect the return of the amount expended on improvements during the first three years.
Mr. Alex. R. Stenning, F.R.I.B.A., F.S.I., 121, Cannon-street, E.C., was the first expert witness examined on behalf of the railway company. He said the Great Western Railway
Compensation (lasts.
RESIDENTIAL PROPERTY AT EALING.
At the Surveyors’ Institution on Friday, Mr. F. T. Galsworthy, F.S.I. (Messrs. Chinnock, Galsworthy and Chinnock, Waterloo-place, S.W.), sitting as sole Arbitrator, heard another claim against the Ealing and South Harrow Railway Company, in respect of the acquisition of property for the purposes of their new line. (See Estates Gazette, January 7.) The claimant in this case was Mr. Wm. Hutt Allhusen, of Twyford Abbey, near Ealing, and the proceedings were in respect of consequential injury to that property by the erection of a bridge and embankment across the approach road.
Mr. Balfour Browne, Q.C., and Mr. Ernest Moon (instructed by Messrs. Crossman, Prichard, Crossman and Block, 16, Theobald’s-road, Gray’s-inn) were counsel for the claimant; and Mr. G. M. Freeman, Q.O., and Mr. Disney (instructed by Messrs. Baxter and Co., 10, Victoria-street, S.W.) for the railway company.
It appeared that Twyford Abbey is a mansion of considerable size, situate between Ealing and Sudbury, and standing in grounds surrounded principally by hedges, but partly by a fence. In this fence are entrance gates close to which stands a lodge. Leading from the lodge to a public highway, known as Hanger-lane, is a private road about 620 yards in length, having trees on each side, and forming an attractive approach to the mansion. On January 21, 1898, the railway company served Mr. Allhusen with notice to treat for a portion of this private road, comprising 2r. 31p., stating that the land in question was required solely to enable the company to construct a bridge for the purposes of their railway over the same, and that the roadway would be lowered 5ft. under the bridge so as to give a headway of 15it., and that during construction access would be preserved to Twyford Abbey; and they expressed their willingness, instead of purchasing the lands, to accept and purchase an easement for the purposes mentioned. On January 29, 1898, the claimant gave notice that he required the railway company to purchase and take the whole of the house within the meaning of and pursuant to section 92 of the Lands Glauses Consolidation Act, 1845. Subsequently, proceedings were taken in the Chancery Court, before Mr. Justice Stirling, the claimant applying for an injunction to restrain the railway company from proceeding with the purchase of part of the mansion house, the question being whether the railway company could be compelled to take the whole of the property. Mr. Justice Stirling refused the motion, and there was an appeal against his Lordship’s decision, the question for the consideration of the Court of Appeal being whether that portion of the road which the railway company desired to take was part of Twyford Abbey within the meaning of section 92 of the Lands Clauses Consolidation Act, 1845. The appeal was dismissed, the Master of the Rolls, in giving judgment, holding that in the case of a short gravel sweep it could be legally regarded as part of the property, but that in the case of a long sweep, or approach road, it could not. It was left for the Arbitrator to consider the question of injurious effect.
Mr. Wm. Hutt Allhusen, the claimant, was called and gave evidence to the effect that he purchased Twyford Abbey in 1890 for £11,500, and had subsequently spent about £5,998 upon improvements. He had decided to leave the mansion in consequence of the construction of the bridge and railway, which had totally destroyed the privacy of the property. His wife had found it impossible to live there on account of the presence of the railway company’s works.
Mr. Edward Tewson, F.S.I. (Messrs. Deben-ham, Tewson, Farmer and Bridgewater, 80, Cheapside, E.C.), who for some years has been agent for the Twyford Abbey Estate, described the mansion as a very fine residence with beautiful pleasure grounds. The total area of the property was 19a. Or. lip. When it was purchased by Mr. Allhusen in 1890, it was in a bad condition, and as regards improvements witness considered the sum mentioned by the claimant had been judiciously expended. The avenue in question was undoubtedly the principal feature of the property, and was a decided attraction. The construction of the railway and
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the cost of the ordnance sheet (2s. 6d.) and the draftsman’s labour in filling in the alterations.
It is suggested that in preparing purchase deeds and leases for compulsory registration, the “ parcels ” in the deed should refer to an endorsed or annexed plan consisting of the revised ordnance map, or a copy of it. The map department of the Land Registry will afford all information and assistance that may be required for this purpose.
It will also save time in the completion of the registration if the person preparing the conveyance or assignment or lease will give instructions beforehand to the Land Registry (if possible, by leaving the contract) to prepare a plan for filing, and a tracing for the land certificate. The cost of this plan and tracing is included in the ad valorem fee, payable on registration, which is Is. 6d. for every £25 in value up to £3 for £1,000, and thence, at gradually diminishing rates, stated in ihe Fee Order of 27th October, 1898, to a maximum of £25 for £32,000 and upwards.
5.	The registration of a purchaser as proprietor of the land under the Land Transfer Acts renders it unnecessary to register a memorial of the purchase deed in the Middlesex Registry (see the Land Registry (Middlesex Deeds) Act, 1891, Schedule 1, paragraph 14). Priority dates from the delivery at the Land Registry of the application for registration. (Rules 19 and 24.)
6.	It is suggested that in cases of compulsory registration on sale, or on the grant of a lease, the most convenient course will generally be to bring to the Land Registry merely the purchase deed or lease, and such further particulars (if any), by plan or otherwise, as may be necessary to enable the land to be identified on the ordnance map. The formal application for registration, and the entries for the register, will then be drawn up by one of the assistant registrars in the presence of the applicant or his solicitor, who will thereupon (if satisfied) sign and approve the same. Where this course is adopted, it is anticipated that the land certificate will usually be issued :n the course of two or three days.
If the purchase deed or lease is not intended to be permanently deposited in the Registry, a copy, written on stout foolscap paper (both sides), including a tracing or other copy of the plan (if any) thereon, must be furnished also.
7.	Where an estate is being laid out for building, according to a settled plan, special arrangements! can be made to facilitate the regis-tiat.ion of leases and sales. As to these, inquiry should be made at the Registry.
8.	Where an absolute title is required, it will usually he best to complete the possessory registration provisionally, but to postpone the issue of the land certificate until the absolute title has been granted. The fee for possessory title will be payable at once, and the amount will be allowed for when the absolute title is completed.
9.	Further information will be furnished on inquiry in regard to any particular case.
10.	The business of registration for the County of London will be carried on in a large room on the ground floor of No. 6, Portugal-street, Lincoln’s-inn, which can also be approached through No. 34, Lincoln’s-inn-fields. From the commencement of compulsory registration the Office will be open to the public from 10 to 4 throughout the year, except on Saturdays, when it will close at 2, and on Sundays, Good Friday, Easter Eve, Monday and Tuesday in Easter week, Monday in Whitsun week, Christmas Day, and the next following working day, when it will be closed altogether.
Coombe Court.—Messrs. Curtis and Henson write in regard to the sale of this property as follows : —With reference to your note under the personal headings with respect to the Coombe Court Estate, as the paragraph is somewhat misleading, we should be glad if you would announce in your next issue the fact that this estate was sold by us. We introduced it to Lord de Grey on behalf of Mr. Bevan, who paid us the full commission. It is quite true that another firm sold some of the outdoor effects for Mr. Bevan, but this had nothing to do with the sale of the estate. We have since sold Mr. Bevan an important town residence.
A Cry of Despair.—“ W. J.” writes to us : —•“ How is it there are so few advertisements for assistants and clerks in private and ordinary estate offices (country) 1 One is constantly reading of vacancies and appointments, how are these obtained? For the last two years I have been trying to obtain a clerkship in a country office; I have looked through thousands of advertisements, including those in the leading professional and agricultural papers, and I have answered those that appeared suitable, but all to no purpose. I have over 10 years’ experience and hold first-rate references. I have tried advertising as far as my limited mean» will allow, but׳ so far without success. Is it worth while continuing the struggle? Any advice you can give me I shall be most thankful for.”
so as to prevent loss from dropping com, and particularly in the case of oats, to have better straw for fodder. Crimson clover, where grown, is sown after a scarifying on the wheat stubble. Cows continue to milk well, hut probably require additional food if the weather is dry and the grass consequently scanty. Care should be taken that they and all other stock have access to water. Some of the fatting stock will be getting ready for the butcher. The lambs and young stock are put upon the clover aftermath, the ewes following them to clear up what they leave.
September will be the last month of the farming year. Harvest operations will be finished and ricks thatched, and the stubbles and old leys ploughed up in many cases. Cattle at grass should be ready to be sold off as the grass gives out. Ewes should be put on succulent food, such as young seeds or rape, to get them into condition for taking the rams, which they should do this month, if early lambs in December or January are required. Pigs should be put up to fatten for Christmas, and also any homed stock which are to be fatted during the winter. Orchard fruit should he gathered when ripe and carefully stored oi preserved.
For the farmer’s own guidance he should go carefully over his stock now and compare its value with that at the commencement of the year, and then by reference to his record of sales and purchases he will be in a position to estimate his gain or loss on the year’s working.
THE NEW LAND TRANSFER ACT.
REGULATIONS, ETC.
The following memorandum as to compulsory registration in the County of London has just been issued: —
1.	By the combined effect of Orders in Council dated the 18th of July and the 20th of October, 1898, made in pursuance of the 20th Section of the Land Transfer Act, 1897, it is declared that registration of title to land is to be compulsory on sale as follows : —•
In the Parishes of Hampstead, St. Pancras, St. Marylebone, and St. George’s Hanover-square, on the 1st of January, 1899 :
In the Parishes of Shoreditch, Bethnal-green, Mile End Old Town, Wapping, Saint George’s-in-the-East, Shadwell, Ratcliff, Limehouse, Bow, Bromley, and Poplar, on the 1st of March, 1899 :
In the remainder of the County at various dates, the first of which is 1st October, 1899.
In order to enable all persons to ascertain with certainty the limits of the area of compulsory registration, maps (on a scale of 6 inches to the mile) of the parishes contained in the first two groups above mentioned have been prepared and placed in the Registry. These show the parish boundaries, and can he inspected (free) by any person.
2.	The effect of the Order is to render registration compulsory on all ordinary sales of freeholds, and on all sales of leaseholds having 40 or more years still to run, or two or more lives still to fall in, and on grants of leases or underleases for like periods. A lease and a reversionary lease will be deemed in most cases (see Rule 56) to create one continuous term. Registration does not apply to a lease created for mortgage purposes, or containing an absolute prohibition against alienation. See, as to Freeholds, Section 20 of the Act of 1897, and as to Leaseholds, Section 11 of the Act of 1875 as amended by Schedule 1 of the Act of 1897, Section 22 (6) (g) of the Act of 1897, and Rules 56, and 58 to 60.
3.	The mode of registration thus made compulsory is registration with a “ possessory title,” which is effected on prima facie evidence only, and does not involve any official investigation. The prima facie evidence required for a possessory title is either—
1.	A conveyance or assignment on sale, or a lease, to the applicant, or
2.	A statutory delaration by the applicant or his solicitor to the effect that the former is entitled, accompanied by the latest document of title in the applicant’s possession.
It may be assumed that the first of these alternatives will be the one adopted in cases of compulsory registration.
4.	The ordnance map being the basis of all descriptions of land in the register, the application must also contain, or be accompanied by, sufficient information to enable the land to be fully identified on that map. This may either be in the deed itself, or by an accompanying plan, or by the applicant (or his solicitor) personally pointing out the land on the ordnance sheet kept at the Land Registry Office.
The ordnance maps of the above-mentioned parishes, on the scale of 5 feet to the mile, have been specially revised by the Land Registry surveyors, and the Department can furnish, without delay, to any person requiring it, a revised plan of any part of those parishes at