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DEFENCE ACTS AMENDMENT ACT 1873 - SECT 1

Power of the Secretary of State for Defence to sell lands, subject to condition as to freedom from obstructions and to purchase the right to subject lands to such condition.

1. [The Secretary of State for Defence] may, from time to time as he may deem
it expedient, sell any lands vested in him or under his control as such
Secretary of State as aforesaid, subject to the condition that such lands are
for ever thereafter to be kept free from buildings and other obstructions.

Where any lands are sold subject to such condition as aforesaid, the following
consequences shall ensue:

Such condition as aforesaid shall be deemed to attach for ever to any lands so
sold, and no building or other structure, other than barns, hovels, or other
like structures of wood, shall at any time be made or erected on any lands
subject to such condition as aforesaid:

The said Secretary of State may at all times, by himself, his officers,
agents, servants, and workmen, or any of them, and without payment of any
compensation whatever, enter upon any lands subject to such condition as
aforesaid, and pull down any present or future buildings or structures (other
than as aforesaid) thereon, and cut down or grub up all or any of the trees
thereon, and remove or alter all or any of the banks, fences, hedges, and
ditches thereon, and make underground or other drains therein, and generally
level and clear the said lands, and do all such acts for levelling and
clearing the same as may be deemed necessary or proper by the said Secretary
of State, but in such manner, nevertheless, that evidence of the boundaries of
the lands held by different owners may be preserved:

It shall not be lawful for any person to alter the level of the said lands, or
do any act which may prejudicially affect any work done on the said lands
under the authority [of this Act]:

The said Secretary of State may at any time, if he think it expedient so to
do, suspend the operation of, or extinguish any such condition as aforesaid
when attached to land in pursuance of this Act.


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