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HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 3



3.(1) The owner of any monument which appears to the Ministry to be a
historic monument may by deed appoint the Ministry, with its consent, guardian
of the monument.

(2) Where the owner of a monument appoints the Ministry to be guardian of a
monument, any person entitled to any estate in the monument, whether such
estate is the subject of a settlement or not, may join in the deed of
appointment, or may at any time after the execution of the deed of appointment
execute a separate deed, for the purpose of making more effective the
appointment of the Ministry as guardian of the monument.

(3) Every such deed, to the extent to which it operates under this Act, shall
bind every person deriving title from any person executing it, and, where a
monument is the subject of a settlement and a person executing the deed is a
person having a power of sale of the settled land, the deed shall bind every
person entitled to an estate subsisting or which may arise under the
settlement, except

(a)an estate having priority to the settlement;

(b)any estate which has been conveyed or created for securing money actually
raised at the date of the deed;

(c)all leases, grants of easements or other rights or privileges granted or
made before the date of the deed by the person executing the deed, or by any
of his predecessors in title, or by any trustees for him or them under the
settlement or under any statutory power, or being otherwise binding on the
successors of the person executing the deed.

(4) Except as provided by this Act, the right to the possession of a monument
or land adjoining thereto shall not be affected by the appointment of
the Ministry as guardian under this Act.


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© 1971 Crown Copyright

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