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You are here: BAILII >> Databases >> Northern Irish Legislation >> LANDED ESTATES COURT (IRELAND) ACT 1858 |
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Conveyance to purchaser to pass fee, subject to tenancies, &c. therein mentioned, but discharged from all other estates and incumbrances. 61. Every such conveyance executed as aforesaid by the said judge purporting to pass an estate in fee simple shall be effectual to pass the fee simple and inheritance of the land, subject to such charges, tenancies, rights of common or other easements, leases, and under-leases, as may be expressed or referred to therein as aforesaid but, save as aforesaid, and as herein-after provided, discharged from all former and other estates, rights, titles, charges, and incumbrances whatsoever of Her Majesty, and of all other persons whomsoever; and every such conveyance or assignment executed by the said judge upon the sale of a lease or rentcharge, or an annuity charged on land, or any partial or lesser estate than an estate in fee simple, shall be effectual to pass the estate created or agreed to be created by such lease, then remaining unexpired, or by the instrument creating such lesser or partial estate, rentcharge, or annuity, but subject as to such lease to the rent and covenants annexed to the reversion expectant on the determination of such lease, and, as to such instrument creating such rentcharge, annuity, or partial or lesser estate, subject to such tenancies, rights of common or other easements, leases and under-leases, as shall be expressed or referred to in such conveyance or assignment, but save as aforesaid, and as herein-after provided, discharged from all rights, titles, charges, and incumbrances whatsoever affecting the leasehold estate or interest, rentcharge, annuity, or partial or lesser estate: Provided always, that where any land or lease, or part thereof, shall be sold and conveyed or assigned subject to any annual charge or apportioned part thereof, such annual charge or such apportioned part thereof (as the case may be) shall remain and be charged on and payable out of such land, or part thereof, as in the conveyance or assignment shall be expressed.
© 1858 Crown Copyright
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