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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 60

Court may order conversion of leaseholds in perpetuity into fee farm under 1849 c.105.

60. Where the Court has ordered or shall order the sale of any
lease in perpetuity, it shall and may be lawful for the Court, if it shall
think it expedient so to do, to cause the same to be converted into a fee farm
under the Renewable Leasehold Conversion Act, and for that purpose to cause
notice to be given to the owners or other person interested in the reversion
or any person on behalf of such owner or other persons, or any person deemed
owner under the provisions of the Leasehold Conversion Act; and the Court may
thereupon proceed to convert such lease in perpetuity into a fee farm grant,
according to the principles prescribed in the Renewable Leasehold Conversion
Act, but the procedure in relation thereto shall be according to the general
rules and practice of the said Court; and in case such conversion shall be
ordered, the Court shall have power to convey the land included in such lease
to the purchaser in fee, subject to the fee-farm rent to be ascertained as
aforesaid, and to such exceptions, reversions, covenants, and clauses as shall
be in conformity with the original lease, and the provisions of the Renewable
Leasehold Conversion Act; and thereupon the owner of the immediate reversion
expectant on the said lease in perpetuity for the time being shall have the
same rights and remedies against the purchaser, his heirs, executors,
administrators, and assigns, and against the land, by action, distress, entry,
or otherwise, in respect of such rent, and of any exceptions, reservations,
covenants, and clauses contained in the said deed, as belong by law to the
owner of any fee-farm rent created under the said Acts.Conveyance of a lease,
rentcharge, annuity, or partial estate, to pass estate created by the
instrument purporting to grant the same, &c.

© 1858 Crown Copyright

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