LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 72 If land sold be subject to a lease, &c. comprising other land, or if part of lease in perpetuity, &c. to be sold, Court may apportion the rent.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> LANDED ESTATES COURT (IRELAND) ACT 1858

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 72

If land sold be subject to a lease, &c. comprising other land, or if part of lease in perpetuity, &c. to be sold, Court may apportion the rent.

72. If any land to be sold under this Act shall be subject to a lease or
under-lease for years or lives comprising other land at an entire rent, it
shall be lawful for the Court to apportion the rent between the land to be
sold and the remainder of the land subject to such rent; and where it is
intended to sell under this Act a part only of any lease in perpetuity or
other lease, it shall be lawful for the Court, where it shall think fit, and
(having regard to the rights and interests of the owner of the reversion) it
shall appear to the Court just so to do, to apportion the rent reserved by
such lease between the land to be sold and the remainder of the land; and
the Court shall direct notices of any such intended apportionment as aforesaid
to be given to such persons and in such manner as it shall think fit, and
shall hear such parties as shall apply to them in relation thereto; and after
such apportionment, and after the sale shall be completed, the owners of the
reversion in the respective lands shall have the like remedies for the
apportioned rents against the lands out of which the same shall be payable,
and the owners and occupiers thereof respectively, as were subsisting for the
entire rent before such apportionment; and all the covenants, conditions, and
agreements of every lease or under-lease, except as to the amount of rent to
be paid, shall, as regards the apportioned parts, remain in force in the same
manner as they would have done in case no such application had taken place:
Provided always, that the enactment in this section shall be deemed to apply
to any rent reserved upon a lease, where the Court shall have sold or shall
sell the reversion expectant upon such lease at different times or in
different lots.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/leca1858265/s72.html

Northern Irish Legislation

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 72