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You are here: BAILII >> Databases >> Northern Irish Legislation >> LANDED ESTATES COURT (IRELAND) ACT 1858 |
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If land sold be subject to a lease, &c. comprising other land, or if part of lease in perpetuity, &c. to be sold, Court may apportion the rent. 72. If any land to be sold under this Act shall be subject to a lease or under-lease for years or lives comprising other land at an entire rent, it shall be lawful for the Court to apportion the rent between the land to be sold and the remainder of the land subject to such rent; and where it is intended to sell under this Act a part only of any lease in perpetuity or other lease, it shall be lawful for the Court, where it shall think fit, and (having regard to the rights and interests of the owner of the reversion) it shall appear to the Court just so to do, to apportion the rent reserved by such lease between the land to be sold and the remainder of the land; and the Court shall direct notices of any such intended apportionment as aforesaid to be given to such persons and in such manner as it shall think fit, and shall hear such parties as shall apply to them in relation thereto; and after such apportionment, and after the sale shall be completed, the owners of the reversion in the respective lands shall have the like remedies for the apportioned rents against the lands out of which the same shall be payable, and the owners and occupiers thereof respectively, as were subsisting for the entire rent before such apportionment; and all the covenants, conditions, and agreements of every lease or under-lease, except as to the amount of rent to be paid, shall, as regards the apportioned parts, remain in force in the same manner as they would have done in case no such application had taken place: Provided always, that the enactment in this section shall be deemed to apply to any rent reserved upon a lease, where the Court shall have sold or shall sell the reversion expectant upon such lease at different times or in different lots.
© 1858 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/leca1858265/s72.html