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CONVEYANCING ACT 1881 - SECT 65

65.(1) Where a residue unexpired of not less than two hundred years of a term
which, as originally created, was for not less than three hundred years, is
subsisting in land, whether being the whole land originally comprised in the
term, or part only thereof, without any trust or right of redemption affecting
the term in favour of the freeholder, or other person entitled in reversion
expectant on the term, and without any rent, or with merely a peppercorn rent
or other rent having no money value, incident to the reversion, or having had
a rent, not being merely a peppercorn rent or other rent having no money
value, originally so incident, which subsequently has been released, or has
become barred by lapse of time, or has in any other way ceased to be payable,
then the term may be enlarged into a fee simple in the manner, and subject to
the restrictions, in this section provided.

(2) Each of the following persons (namely):

(i)Any person beneficially entitled in right of the term, whether subject to
any incumbrance or not, to possession of any land comprised in the term; ...;

(ii)Any person being in receipt of income as trustee, in right of the term, or
having the term vested in him in trust for sale, whether subject to any
incumbrance or not;

(iii)Any person in whom, as personal representative of any deceased person,
the term is vested, whether subject to any incumbrance or not;

(3) Thereupon, by virtue of the deed and of this Act, the term shall become
and be enlarged accordingly, and the person in whom the term was previously
vested shall acquire and have in the land a fee simple instead of the term.

(4) The estate in fee simple so acquired by enlargement shall be subject to
all the same trusts, powers, executory limitations over, rights, and equities,
and to all the same covenants and provisions relating to user and enjoyment,
and to all the same obligations of every kind, as the term would have been
subject to if it had not been so enlarged.

(5) But where any land so held for the residue of a term has been settled in
trust by reference to other land, being freehold land, so as to go along with
that other land as far as the law permits, and, at the time of enlargement,
the ultimate beneficial interest in the term, whether subject to any
subsisting particular estate or not, has not become absolutely and
indefeasibly vested in any person, then the estate in fee simple acquired as
aforesaid shall, without prejudice to any conveyance for value previously made
by a person having a contingent or defeasible interest in the term, be liable
to be, and shall be, conveyed and settled in like manner as the other land,
being freehold land, aforesaid, and until so conveyed and settled shall
devolve beneficially as if it had been so conveyed and settled.

(6) The estate in fee simple so acquired shall, whether the term was
originally created without impeachment of waste or not, include the fee simple
in all mines and minerals which at the time of enlargement have not been
severed in right, or in fact, or have not be ensevered or reserved by an
inclosure Act or award.

(7) This section applies to every such term as aforesaid subsisting at or
after the commencement of this Act.

Protection of solicitor and trustees adopting Act.

© 1881 Crown Copyright

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