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RAILWAYS ACT (IRELAND) 1860 - SECT 6

Apportionment of rent of lands under lease, where part only of such lands is required.

6. If any lands shall be comprised in a lease for a life or lives or for a
term of years unexpired, part only of which lands shall be required for the
purposes of the special Act, the rent payable in respect of the lands
comprised in such lease shall be apportioned between the lands so required and
the residue of such lands; and such apportionment may be settled by agreement
between the lessor and lessee of such lands on the one part and the promoters
of the undertaking on the other part; and if such apportionment be not so
settled by agreement between the parties, such apportionment shall be settled
by the arbitrator; and after such apportionment the lessee of such lands shall
as to all future accruing rent be liable only to so much of the rent as shall
be apportioned in respect of the lands not required for the purposes of the
special Act; and as to the land not so required, and as against the lessee,
the lessor shall have the same rights and remedies for the recovery of such
portion of rent as previously to such apportionment he had for the recovery of
the whole rent reserved by such lease; and all the covenants, conditions, and
agreements of such lease, except as to the amount of rent to be paid, shall
remain in force with regard to that part of the land which shall not be
required for the purposes of the special Act, in the same manner as they would
have done in case such part only had been included in the lease.

S.7 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

© 1860 Crown Copyright

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