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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 87

Rights of purchaser against tenants.

87. Where any conveyance or assignment has been made before the passing of
this Act by the Commissioners for the Sale of Incumbered Estates in Ireland,
or shall hereafter be made by the Court, subject to any lease, under-lease, or
tenancy, such conveyance or assignment shall be deemed to afford conclusive
proof that the estate or interest purporting to be conveyed or assigned
thereby is the reversion expectant upon such lease, under-lease, or tenancy;
and it shall not be necessary in any action arising out of or connected with
such lease, under-lease, or tenancy, or in any pleadings in such action, to
allege or prove the title of such reversion prior to the said conveyance or
assignment; and the person to whom such conveyance or assignment is made, his
heirs, executors, administrators, and assigns, and every of them, shall and
may have and enjoy the like advantages against the lessees, under-lessees, and
tenants, their heirs, executors, administrators, assigns, and under-tenants,
and against all other persons in possession or occupation of the land
comprised in such conveyance or assignment, by distress or by entry for
nonpayment of rent or for doing of waste or other forfeiture, and also shall
and may have and enjoy like advantages and remedies by action for not
performing other conditions, covenants, and agreements contained in such lease
or under-lease or in the parol agreement for such tenancy, against the said
lessees, under-lessees, and tenants, their heirs, executors, administrators,
and assigns, as the person granting such lease or under-lease, or as the
landlord entering into the agreement for such tenancy, or his heirs,
executors, administrators, or assigns, ought to have had and enjoyed at any
time or times, in like manner and form as if the reversion in such land
expectant on such lease, under-lease, and tenancy had remained or continued in
such person granting such lease or under-lease, or as landlord entering into
such agreement.

S.88 rep. by SLR 1893. S.89 rep. by SLR 1893; 1978 c.23 s.122(2) sch.7 Pt.I.
S.90 rep. by 1946 c.13 (NI) s.16(3) sch.

© 1858 Crown Copyright

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