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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 79

On application for sale of an undivided share, or after sale, Court may, on application of party interested, make order for a partition.

79. Where an application shall be made for a sale under this Act of an
undivided share of any land, or where any such undivided share shall have been
sold under this Act, and, either before or after the conveyance or assignment
thereof under this Act, the Court, on the application of any party interested
in such undivided share, or of the purchaser, (as the case may be,) and after
causing to be given such notices to the owner or owners of the other undivided
share or shares of the same land or lease as it may think fit, and hearing
such parties interested in the respective shares as may apply to it, and
making or causing to be made such inquiries as may enable it to make a just
partition, may, if it shall think fit, make an order under its seal for the
partition of such land; and in such order, or in a map or plan annexed
thereto, shall be shown the part allotted in severalty in respect of each of
the undivided shares in such land; and the Court shall have the like
authorities, jurisdiction, and power in relation to such partition under the
direction of such Court; and the part so allotted in severalty in respect of
each such undivided share by such order for partition as aforesaid shall,
without any conveyance or other assurance in relation thereto, go and enure to
and upon the same uses and trusts, and be subject to the same conditions,
charges, and incumbrances, as the undivided share in respect of which the same
is so allotted would have stood limited or been subject to in case such order
had not been made; and the like order for a sale of the part allotted in
respect of the undivided share to which the application for the sale shall
relate may be made (where the order for partition is made before the sale),
and the like proceedings had in relation to such sale, and the like conveyance
or assignment may be made of the part allotted in respect of the share sold
(where the order for partition is made after sale, and before conveyance or
assignment), and with the like consequences in the several cases aforesaid, as
if the application for a sale, or the sale, (as the case may be,) had been in
respect of the part so allotted as aforesaid; and where any land or lease, or
part thereof, to be sold under this Act, is subject to any lease, under-lease,
or tenancy, under which the lessees, under-lessees, or tenants hold jointly,
or as tenants in common, it shall be lawful for the Court, on the application
of any such lessee, under-lessee, or tenants, and after causing to be given
such notices as it may think fit, and hearing such parties as may apply to it,
and making such inquiries as it may think necessary, to make an order under
its seal for the partition, as between such lessees, under-lessees, or
tenants, of the land included in their lease, under-lease, or tenancy, and for
the apportionment of the rent reserved or payable under such lease,
under-lease, or tenancy; and after such order of partition the owner of the
reversion in the respective parts of the land shall have the like remedies for
the apportioned rents against the respective parts out of which the same shall
be payable, and the lessees, under-lessees, or tenants holding such respective
parts under such lease, under-lease, or tenancy, and such order of partition,
as were subsisting for the entire rent before such partition and
apportionment; and all the covenants, conditions and agreements of every such
lease, under-lease, or tenancy, except as to the amount of rent to be paid,
shall, as regards the respective parts allotted on such partition, and the
apportioned parts of the rent, remain in force as against the respective
lessees, under-lessees, or tenants to whom under such partition such
respective parts shall be allotted.

© 1858 Crown Copyright

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