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LAND LAW (IRELAND) ACT 1896 - SECT 34

As to easements, &c., when vesting order is made.

34.(1) A holding vested in a purchaser by a vesting order under this Act shall
continue to have appurtenant thereto and to be subject to, as the case may be,
any previously existing easements, rights, and appurtenances; and any
privilege previously in fact enjoyed, whether by permission of the landlord or
otherwise, in such manner and for such time that, if the holding had belonged
to a different owner from the rest of the estate, it would have been an
easement or right, shall be an easement or right within the meaning of this
section, and shall be appurtenant to or exerciseable over the holding, as the
case may be.

(2) The vesting order may, if the Land Commission think fit, declare that the
sale is made subject to or free from any particular easement, right, or
appurtenance, and such declaration shall have full effect.

(3) This section shall extend to any sale or declaration of title made by the
Land Judge in pursuance of the Landed Estate Court (Ireland) Act, 1858, in
like manner as if it were herein re-enacted with the necessary modifications.

Ss.3537 rep. by SLR 1950


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© 1896 Crown Copyright

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