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LANDLORD AND TENANT (IRELAND) ACT 1870 - SECT 33

Restrictions on sale of holding.

33. No sale shall be made under this part of this Act unless the landlord is
the absolute owner of the land which forms the holding of the tenant, or such
tenant for life or other limited owner as in this section mentioned.

"Absolute owner" shall in the case of freehold land mean the owner in fee
simple or in fee farm, or person capable of appointing or disposing of the
fee, whether subject or not to incumbrances, and in the case of leasehold land
mean the owner or person capable of disposing of the whole interest in the
lease under which the land is held, whether subject or not to incumbrances.

No holding of leasehold tenure shall be sold under this part of this Act
unless the lease under which the landlord is possessed of the land which forms
the holding is a lease for lives or years renewable for ever, or a lease for a
term of years of which not less than sixty are unexpired at the time of the
sale being made; ....

"Tenant for life" shall, for the purposes of this part of this Act, mean any
person entitled under any existing or future settlement at law or in equity
for his own benefit and for the term of his own life to the possession or
receipt of the rents and profit of land, whether subject or not to
incumbrances in which the estate for the time being, subject to the trusts of
the settlement, is an estate in fee simple or fee farm, or a lease of such
duration as is in this section mentioned.

"Other limited owner" shall mean any body corporate, any trustees for
charities, and any commissioners or trustees for collegiate or other public
purposes, having an estate in fee simple or fee farm, or possessed of such
leasehold as is in this section mentioned, whether subject or not to
incumbrances.

© 1870 Crown Copyright

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