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LANDLORD AND TENANT (IRELAND) ACT 1870 - SECT 5

Presumption in respect of improvements.

5. For the purposes of compensation under this Act in respect of improvements
on a holding which is not proved to be subject either to the Ulster
tenant-right custom or to such usage as aforesaid, or where the tenant does
not seek compensation in respect of such custom or usage, all improvements on
such holding shall, until the contrary is proved, be deemed to have been made
by the tenant or his predecessors in title, except in the following cases
where compensation is claimed in respect of improvements made before the
passing of this Act:

(1)Where such improvements have been made previous to the time at which the
holding in reference to which the claim is made was conveyed on actual sale to
the landlord or those through whom he derives title:

(2)Where the tenant making the claim was tenant under a lease of the holding
in reference to which the claim is made:

(3)Where such improvements were made twenty years or upwards before the
passing of this Act:

(4)Where the holding upon which such improvements were made is valued under
the Acts relating to the valuation of rateable property in Ireland at an
annual value of more than one hundred pounds:

(5)Where the Court shall be of opinion that in consequence of its being proved
to have been the practice on the holding, or the estate of which such holding
forms part, for the landlord to make such improvements, such presumption ought
not to be made:

(6)Where from the entire circumstances of the case the Court is reasonably
satisfied that such improvements were not made by the tenant or his
predecessors in title:

Permissive registration of improvements.

© 1870 Crown Copyright

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