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As to easements, &c., when vesting order is made. 34.(1) A holding vested in a purchaser by a vesting order under this Act shall continue to have appurtenant thereto and to be subject to, as the case may be, any previously existing easements, rights, and appurtenances; and any privilege previously in fact enjoyed, whether by permission of the landlord or otherwise, in such manner and for such time that, if the holding had belonged to a different owner from the rest of the estate, it would have been an easement or right, shall be an easement or right within the meaning of this section, and shall be appurtenant to or exerciseable over the holding, as the case may be. (2) The vesting order may, if the Land Commission think fit, declare that the sale is made subject to or free from any particular easement, right, or appurtenance, and such declaration shall have full effect. (3) This section shall extend to any sale or declaration of title made by the Land Judge in pursuance of the Landed Estate Court (Ireland) Act, 1858, in like manner as if it were herein re-enacted with the necessary modifications. Ss.3537 rep. by SLR 1950
© 1896 Crown Copyright
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