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SETTLED LAND ACT 1882 - SECT 28

Obligation on tenant for life and successors to maintain, insure, &c.

28.(1) The tenant for life, and each of his successors in title having, under
the settlement, a limited estate or interest only in the settled land, shall,
during such period, if any, as the Commissioners of Public Works in Ireland by
certificate in any case prescribe, maintain and repair, at his own expense,
every improvement executed under the foregoing provisions of this Act, and
where a building or work in its nature insurable against damage by fire is
comprised in the improvement, shall insure and keep insured the same, at his
own expense, in such amount, if any, as the Commissioners by certificate in
any case prescribe.

(2) The tenant for life, or any of his successors as aforesaid, shall not cut
down or knowingly permit to be cut down, except in proper thinning, any trees
planted as an improvement under the foregoing provisions of this Act.

(3) The tenant for life, and each of his successors as aforesaid, shall from
time to time, if required by the Commissioners, on or without the suggestion
of any person having, under the settlement, any estate or interest in the
settled land in possession, remainder, or otherwise, report to the
Commissioners the state of every improvement executed under this Act, and the
fact and particulars of fire insurance, if any.

(4) The Commissioners may vary any certificate made by them under this
section, in such manner or to such extent as circumstances appear to them to
require, but not so as to increase the liabilities of the tenant for life, or
any of his successors as aforesaid.

(5) If the tenant for life, or any of his successors as aforesaid, fails in
any respect to comply with the requisitions of this section, or does any act
in contravention thereof, any person having, under the settlement, any estate
or interest in the settled land in possession, remainder, or reversion, shall
have a right of action, in respect of that default or act, against the tenant
for life; and the estate of the tenant for life, after his death, shall be
liable to make good to the persons entitled under the settlement any damages
occasioned by that default or act.

Protection as regards waste in execution and repair of improvements.



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© 1882 Crown Copyright

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