§ Order of the Day for the Second Beading, read.
§ LORD O'HAGAN, in moving that the Bill be now read the second time, explained that its object was to remove a defect in the Landed Estates Act, which had been found to lead to considerable litigation. The Judge of the Land Court was by a new provision in the Irish Land Act called upon to specify all the easements connected with a property before a sale, and this led to great expense and delay—especially now that small portions of land were being brought into the market. The clause frequently rendered almost useless the best Parliamentary title, especially where sales of house property were concerned, and the Record of Title Act could not be applied at all. The Bill had been prepared with great care, and it had received the approval of the distinguished Judge who presided in the Landed Estates Court, and other authorities.
§ Moved, "That the Bill be now read 2a."—(The Lord O'Hagan.)
THE LORD CHANCELLORagreed that a case had been made out for the Bill. It was, he thought, unnecessary and undesirable that the Court should be compelled to specify the easements to which a property was subject. Sales of small estates, and especially of property in towns, were delayed and rendered more costly by the clause which called upon the Court to determine every question of easement as between every portion of the property sold. The provision was peculiar to Ireland. In all the Acts in force in this country the Court was not obliged, in giving a certificate of title, to declare what were the easements connected with the property. Under the present Bill the Judge would have the option of specifying the easements if it were convenient; but it was not made an unbending rule that he should specify every easement before selling the property.
§ Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House To-morrow.