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RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 35

Who shall be deemed the owner of the reversion;

35. For the purposes of this Act every person seised of or entitled at law or
in equity to the reversion expectant on any lease in perpetuity, as tenant in
fee simple, or in fee tail, general or special, ..., or for life or lives, or
for years determinable on a life or lives, or for a term of years absolute of
which forty years or more are unexpired at the time of the application for a
grant under this Act, and also every ... trustee (for charitable or other
purposes whatsoever) of any such reversion as aforesaid, for any such estate
or interest therein as aforesaid (whether such estate or interest be or not
determinable upon the execution or fulfilment of any trusts), who is in the
actual receipt of the rent reserved by any lease in perpetuity, and every
executor or administrator who in that capacity, ... or as being entitled to an
estate pour autre vie under any statute or otherwise, is in such receipt as
aforesaid, and also any archbishop, bishop, parson, or other ecclesiastical
person, as to a reversion held by him in his corporate capacity, shall be
deemed to be the owner of the reversion; and every person entitled at law or
in equity to a lease or under-lease in perpetuity for the whole estate created
or agreed to be created by such lease or under-lease, or for any derivative
estate (created by any instrument other than an under-lease at a rent,) in
tail, ..., for life or lives, or for a term of years absolute of which not
less than twenty years or more are unexpired at the time of the application
under this Act for a grant to or by the owner of such lease or under-lease,
and also every ... trustee (for charitable or other purposes whatsoever) of
any such lease or under-lease in perpetuity as aforesaid, for such estate
therein as aforesaid (whether such estate be or not determinable upon the
execution or fulfilment of any trusts), who is in the actual possession of the
land or in receipt of the rents payable by the tenants thereof, and every
executor or administrator who in that capacity, ..., or as being entitled to
an estate pour autre vie under any statute or otherwise, is in such possession
or receipt as aforesaid, shall be deemed the owner of such lease or
under-lease in perpetuity; ...: Provided always, that no person shall be
deemed an owner for the purposes of this Act of the reversion, or of any lease
or under-lease in perpetuity, by reason of any estate vested in him which has
been created by way of mortgage, or for securing the payment of any sum of
money, unless he be in the receipt of the rent incident to the reversion, or
in possession of the land comprised in such lease or under-lease, or in
receipt of the rents payable by the tenants thereof, (as the case may be,) but
the person who would be deemed the owner for the purposes of this Act of such
reversion, or lease or under-lease in perpetuity, if such estate by way of
mortgage or for securing payment had not been created, shall, notwithstanding
such estate, be deemed such owner as aforesaid: Provided also, that where
several persons in succession have in the reversion, or lease or
under-lease in perpetuity, such estates or interests as would under this
enactment entitle each of them to be deemed the owner, such of the said
persons shall be deemed the owner for the purposes of this Act as is in
receipt of the rent incident to the reversion, or in possession of the land
comprised in such lease or under-lease, or in receipt of the rents payable by
the tenants thereof, as the case may be; or in case the person in such receipt
or possession be not entitled to be deemed the owner under this enactment,
then the person who has the first such estate or interest as aforesaid in
reversion or remainder to or above the estate or interest of the person in
such receipt or possession shall be deemed the owner of such reversion, or
lease or under-lease in perpetuity: Provided also, that in every case in which
any person, not being the owner as herein-before defined, is in possession or
receipt as herein-before mentioned under any charge, or any sequestration,
extent, elegit, or other writ of execution, or as a receiver under any decree
or order of a court of equity, the person in possession or in receipt of the
rents by virtue of such charge, sequestration, extent, elegit, writ, decree,
or order, shall, jointly with the person who but for such possession or
receipt would under this enactment be deemed the owner of the reversion, or
lease or under-lease in perpetuity, as the case may be, be deemed to be the
owner for the purposes of this Act of the reversion, or lease or
under-lease in perpetuity, as the case may be.

© 1849 Crown Copyright

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