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PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 8

Vesting order in lieu of conveyance.

8. When a holding has been sold by the Land Commission to a tenant or other
person, also when a holding has been sold by a landlord to a tenant, and it
has been agreed between the Land Commission and the landlord and the tenant
that such sale shall be carried into effect by means of a vesting order of the
Land Commission under this Act, it shall be lawful for the Land Commission, if
they think fit, after due investigation of title and being satisfied
therewith, to make an order under their seal and signed by a Commissioner
vesting the holding, or the interest of any person or of the Land Commission
in such holding, in the purchaser, freed from all charges if the vesting order
so declares, or subject to such charges as may be specified in such order; or,
if the vesting order so declares, subject to such charges as may lawfully
affect such holding.

Every order purporting to vest a holding or interest in a purchaser which
purports to be made by the Land Commission in exercise of the powers conferred
on them by this Act shall be binding upon all persons claiming any estate or
interest in the land comprised in the holding, including Her Majesty, her
heirs and successors, and shall be as effectual in all respects, save as
herein-after provided, as if it were a conveyance or assignment executed by
one of the Land Judges of the Chancery Division of the High Court of Justice
in Ireland under the Landed Estates Court Act: Provided, that where the
purchaser of a holding is also tenant of the holding the interest vested in
him by such order shall, subject to any charges, rights, or easement set out
in the order, be deemed to be a graft upon the previous interest of the tenant
in the holding, and be subject to any rights or equities arising from its
being such graft.

The enactments of this section relative to the operation and effect of a
vesting order purporting to vest a holding, shall apply to an order purporting
to vest an interest in a holding, so far as relates to such interest.

S.9 rep. by 1896 c.47 s.52 sch.2; SLR 1950. Ss.10, 11 rep. by SLR 1950


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© 1885 Crown Copyright

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