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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 61

Conveyance to purchaser to pass fee, subject to tenancies, &c. therein mentioned, but discharged from all other estates and incumbrances.

61. Every such conveyance executed as aforesaid by the said judge purporting
to pass an estate in fee simple shall be effectual to pass the fee simple and
inheritance of the land, subject to such charges, tenancies, rights of common
or other easements, leases, and under-leases, as may be expressed or referred
to therein as aforesaid but, save as aforesaid, and as herein-after provided,
discharged from all former and other estates, rights, titles, charges, and
incumbrances whatsoever of Her Majesty, and of all other persons whomsoever;
and every such conveyance or assignment executed by the said judge upon the
sale of a lease or rentcharge, or an annuity charged on land, or any partial
or lesser estate than an estate in fee simple, shall be effectual to pass the
estate created or agreed to be created by such lease, then remaining
unexpired, or by the instrument creating such lesser or partial estate,
rentcharge, or annuity, but subject as to such lease to the rent and covenants
annexed to the reversion expectant on the determination of such lease, and, as
to such instrument creating such rentcharge, annuity, or partial or lesser
estate, subject to such tenancies, rights of common or other easements, leases
and under-leases, as shall be expressed or referred to in such conveyance or
assignment, but save as aforesaid, and as herein-after provided, discharged
from all rights, titles, charges, and incumbrances whatsoever affecting the
leasehold estate or interest, rentcharge, annuity, or partial or lesser
estate: Provided always, that where any land or lease, or part thereof, shall
be sold and conveyed or assigned subject to any annual charge or apportioned
part thereof, such annual charge or such apportioned part thereof (as the case
may be) shall remain and be charged on and payable out of such land, or part
thereof, as in the conveyance or assignment shall be expressed.

© 1858 Crown Copyright

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