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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 81

Partition may be made of land where shares are not subject to be sold under this Act.

81. It shall be lawful for the Court, on the application of the owners of the
several undivided shares (not subject to be sold under this Act, or as to
which no proceedings for a sale under this Act shall be pending,) or of any
land in Ireland who shall desire to effect a partition of such land, to make
or cause to be made such inquiries as the Court may think fit for ascertaining
whether such partition would be beneficial to the persons interested in such
respective shares; and in case the Court shall be of opinion that the proposed
partition would be beneficial, and that the terms thereof are just and
reasonable, it shall make an order under the seal for such partition
accordingly; and in such order, or in a map or plan annexed thereto, shall be
shown the part allotted in severalty in respect of each such undivided share;
and the part so allotted in severalty in respect of such undivided share by
such order of partition shall, without any conveyance or other assurance in
relation thereto, go and enure to and upon the same use, 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.

© 1858 Crown Copyright

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