FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 36 A voidable estate by a tenant in tail, in favour of a purchaser, shall be confirmed by a subsequent disposition of such tenant in tail under this Act, but not against a purchaser without notice.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> FINES AND RECOVERIES (IRELAND) ACT 1834

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 36

A voidable estate by a tenant in tail, in favour of a purchaser, shall be confirmed by a subsequent disposition of such tenant in tail under this Act, but not against a purchaser without notice.

36. Provided always, that when a tenant in tail of lands under a settlement
shall have already created or shall hereafter create in such lands or any of
them a voidable estate in favour of a purchaser for valuable consideration,
and shall afterwards under this Act, by any assurance other than a lease not
requiring inrolment, make a disposition of the lands in which such voidable
estate shall be created, or any of them, such disposition, whatever its object
may be, and whatever may be the extent of the estate intended to be thereby
created, shall, if made by the tenant in tail with the consent of the
protector (if any) of the settlement, or by the tenant in tail alone if there
shall be no such protector, have the effect of confirming such voidable estate
in the lands thereby disposed of to its full extent as against all persons
except those whose rights are saved by this Act; but if at the time of making
the disposition there shall be a protector of the settlement, and such
protector shall not consent to the disposition, and the tenant in tail shall
not without such consent be capable under this Act of confirming the voidable
estate to its full extent, then and in such case such disposition shall have
the effect of confirming such voidable estate so far as such tenant in tail
would then be capable under this Act of confirming the same without such
consent: Provided always, that if such disposition shall be made to a
purchaser for valuable consideration, who shall not have express notice of the
voidable estate, and if the deed or instrument creating such voidable estate
shall not have been registered previous to such disposition, then and in such
case the voidable estate shall not be confirmed as against such purchaser and
the persons claiming under him.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fara1834250/s36.html

Northern Irish Legislation

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 36