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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 47

Vendor or vendee may apply for an investigation of title, and a conveyance with indefeasible title.

47. Whenever a contract for sale of any estate in Ireland shall be made, it
shall and may be lawful for the vendor and vendee jointly, or, if the contract
shall so provide, for the vendor or vendee individually, as the case may be,
to present a petition to the said Court for the purpose of procuring for the
said vendee an indefeasible title to the land so previously sold, and a
statutable conveyance thereof under the said Court to him; and (if necessary)
the Court, as incidental to such proceeding, may make an order for a specific
performance of such contract at the instance of either party; and thereupon
all investigations of title and other proceedings in relation to such petition
shall be similar to those which are and shall be prescribed for owners
applying for the sale of incumbered or unincumbered property by the Court as
aforesaid, save that no sale thereof shall be made by the said Court, unless
the petitioner, being the vendor, shall so desire, with the consent of the
purchaser, but the sale or contract so theretofore made by the vendor shall be
ratified by the said Court, if it shall so think fit; and a conveyance of such
property so sold shall be executed to the purchaser by the judge, and such
conveyance shall have the same validity and effect as conveyances of
incumbered estates by the judges under this Act; and it shall and may be
lawful for such Court, if necessary, to pay and discharge out of the purchase
money such incumbrances as shall appear upon investigation of title to be
charged upon the property so sold or contracted to be sold and for that
purpose to order the purchase money into Court: Provided always, that it shall
be lawful for the Court, at the joint instance of the vendor and vendee, to
substitute any other person as purchaser in the room and stead of the original
vendee, or to set up the land for sale under the Court; and in such case the
conveyance shall be made by the judge to such substituted or other purchaser
as if the original application had been for a sale of the lands so contracted
for.

S.48 rep. by SLR 1893. Ss.49, 50 rep. by SRO (NI) 1967/76Effect of
declaration.

© 1858 Crown Copyright

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