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Vesting order in lieu of conveyance. 8. When a holding has been sold by the Land Commission to a tenant or other person, also when a holding has been sold by a landlord to a tenant, and it has been agreed between the Land Commission and the landlord and the tenant that such sale shall be carried into effect by means of a vesting order of the Land Commission under this Act, it shall be lawful for the Land Commission, if they think fit, after due investigation of title and being satisfied therewith, to make an order under their seal and signed by a Commissioner vesting the holding, or the interest of any person or of the Land Commission in such holding, in the purchaser, freed from all charges if the vesting order so declares, or subject to such charges as may be specified in such order; or, if the vesting order so declares, subject to such charges as may lawfully affect such holding. Every order purporting to vest a holding or interest in a purchaser which purports to be made by the Land Commission in exercise of the powers conferred on them by this Act shall be binding upon all persons claiming any estate or interest in the land comprised in the holding, including Her Majesty, her heirs and successors, and shall be as effectual in all respects, save as herein-after provided, as if it were a conveyance or assignment executed by one of the Land Judges of the Chancery Division of the High Court of Justice in Ireland under the Landed Estates Court Act: Provided, that where the purchaser of a holding is also tenant of the holding the interest vested in him by such order shall, subject to any charges, rights, or easement set out in the order, be deemed to be a graft upon the previous interest of the tenant in the holding, and be subject to any rights or equities arising from its being such graft. The enactments of this section relative to the operation and effect of a vesting order purporting to vest a holding, shall apply to an order purporting to vest an interest in a holding, so far as relates to such interest. S.9 rep. by 1896 c.47 s.52 sch.2; SLR 1950. Ss.10, 11 rep. by SLR 1950
© 1885 Crown Copyright
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