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You are here: BAILII >> Databases >> Northern Irish Legislation >> LANDED ESTATES COURT (IRELAND) ACT 1858 |
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On application for sale of an undivided share, or after sale, Court may, on application of party interested, make order for a partition. 79. Where an application shall be made for a sale under this Act of an undivided share of any land, or where any such undivided share shall have been sold under this Act, and, either before or after the conveyance or assignment thereof under this Act, the Court, on the application of any party interested in such undivided share, or of the purchaser, (as the case may be,) and after causing to be given such notices to the owner or owners of the other undivided share or shares of the same land or lease as it may think fit, and hearing such parties interested in the respective shares as may apply to it, and making or causing to be made such inquiries as may enable it to make a just partition, may, if it shall think fit, make an order under its seal for the partition of such land; and in such order, or in a map or plan annexed thereto, shall be shown the part allotted in severalty in respect of each of the undivided shares in such land; and the Court shall have the like authorities, jurisdiction, and power in relation to such partition under the direction of such Court; and the part so allotted in severalty in respect of each such undivided share by such order for partition as aforesaid shall, without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts, and be subject to the same conditions, charges, and incumbrances, as the undivided share in respect of which the same is so allotted would have stood limited or been subject to in case such order had not been made; and the like order for a sale of the part allotted in respect of the undivided share to which the application for the sale shall relate may be made (where the order for partition is made before the sale), and the like proceedings had in relation to such sale, and the like conveyance or assignment may be made of the part allotted in respect of the share sold (where the order for partition is made after sale, and before conveyance or assignment), and with the like consequences in the several cases aforesaid, as if the application for a sale, or the sale, (as the case may be,) had been in respect of the part so allotted as aforesaid; and where any land or lease, or part thereof, to be sold under this Act, is subject to any lease, under-lease, or tenancy, under which the lessees, under-lessees, or tenants hold jointly, or as tenants in common, it shall be lawful for the Court, on the application of any such lessee, under-lessee, or tenants, and after causing to be given such notices as it may think fit, and hearing such parties as may apply to it, and making such inquiries as it may think necessary, to make an order under its seal for the partition, as between such lessees, under-lessees, or tenants, of the land included in their lease, under-lease, or tenancy, and for the apportionment of the rent reserved or payable under such lease, under-lease, or tenancy; and after such order of partition the owner of the reversion in the respective parts of the land shall have the like remedies for the apportioned rents against the respective parts out of which the same shall be payable, and the lessees, under-lessees, or tenants holding such respective parts under such lease, under-lease, or tenancy, and such order of partition, as were subsisting for the entire rent before such partition and apportionment; and all the covenants, conditions and agreements of every such lease, under-lease, or tenancy, except as to the amount of rent to be paid, shall, as regards the respective parts allotted on such partition, and the apportioned parts of the rent, remain in force as against the respective lessees, under-lessees, or tenants to whom under such partition such respective parts shall be allotted.
© 1858 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/leca1858265/s79.html