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SETTLED ESTATES ACT 1877 - SECT 46

Tenants for life, &c., may grant leases.

46. It shall be lawful for any person entitled to the possession or to the
receipt of the rents and profits of any settled estates for an estate for any
life, or for a term of years determinable with any life or lives, or for any
greater estate, ..., unless the settlement shall contain an express
declaration that it shall not be lawful for such person to make such demise;
..., without any application to the Court, to demise the same or any part
thereof, except the principal mansion house and the demesnes thereof, and
other lands usually occupied therewith, from time to time, for any term not
exceeding ... thirty-five years so far as relates to estates in Ireland, to
take effect in possession at or within one year next after the making thereof:
Provided that every such demise be made by deed, and the best rent that can
reasonably be obtained be thereby reserved, without any fine or other benefit
in the nature of a fine, which rent shall be incident to the immediate
reversion; and provided that such demise be not made without impeachment of
waste, and do contain a covenant for payment of the rent, and such other usual
and proper covenants as the lessor shall think fit, and also a condition of
re-entry on non-payment of the rent for a period of twenty-eight days after it
becomes due, or for some less period to be specified in that behalf; and
provided a counterpart of every deed of lease be executed by the lessee.

© 1877 Crown Copyright

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