statutory method of enfranchisement, removing some of the barriers
existing at common law; but the machinery created was only available
where both lord and tenant were in agreement. The Copyhold Act 1852 went
further, and for the first time introduced the principle of compulsory
enfranchisement on the part of either party. By the Copyhold Act 1894,
which now governs statutory enfranchisement, the former Copyhold Acts
1841-1887, were repealed, and the law was consolidated and improved.
Enfranchisement is now effected under this act, though in certain cases
it is also to be obtained under special acts, such as the Land Clauses
Consolidation Act 1848; and the old common law method with all its
disadvantages is still open. The Copyhold Act 1894 deals both with
compulsory and with voluntary enfranchisement. In either case the
sanction of the Board of Agriculture must be obtained; and powers are
bestowed on it to decide questions arising on enfranchisement, with an
appeal to the High Court. The actual enfranchisement, where it is
compelled by one of the parties, is effected by an award made by the
board; in the case of a voluntary enfranchisement it is completed by
deed. Under the act it is open to both lord and tenant to compel
enfranchisement, though the expenses are to be borne by the party
requiring it. The compensation to the lord, in the absence of an
agreement, is ascertained under the direction of the board on a
valuation made by a valuer or valuers appointed by the lord and tenant;
and may be paid either in a gross sum or by way of an annual rent charge
issuing out of the land enfranchised, and equivalent to interest at the
rate of 4% on the amount fixed upon as compensation. This rent charge is
redeemable on six months' notice at twenty-five times its annual amount.
The tenant, even if he is the compelling party, may elect either method;
but the lord has not the same option, and where the enfranchisement is
at his instance, unless there is either an agreement to the contrary or
a notice on the part of the tenant to exercise his option, the
compensation is a rent charge. Power is conferred on the lord to
purchase the tenant's interest where a change in the condition of the
land by enfranchisement would prejudice his mansion house, park or
gardens; while on the other hand, in the interest of the public or the
other tenants, the board is authorized to continue conditions of user
for their benefit.
So far the provision
|