HL Deb 07 August 1896 vol 44 cc60-1

(1.) Where any land has been sold under the Land Purchase Acts, as amended by this Act, or where a lessor or grantor has signified his consent to the Redemption of Kent (Ireland) Act, 1891, a land judge may, if he think fit, order that the sale of such land, or the sale consequent on the lodgment of such consent, as the ease may he, shall he made discharged from superior interests as defined by this section or from any of them, and in every such case the land shall he vested accordingly, and such superior interests, or the value thereof, shall become a lien upon, and to be redeemed or satisfied out of the purchase money of such land. (2.) The powers of apportionment given to the Laud Commission by Section ten of the Purchase of Land (Ireland) Act, 1885, and Section sixteen of the Land Law (Ireland) Act, 1887, shall extend to superior interests and be exercised in such mannner as shall appear equitable, and shall not be limited to an apportionment between the land sold and the residue of the land subject to the superior interest. (3.) The price or compensation to be paid in respect of a superior interest, or of any apportioned part thereof, shall be determined in the manner provided by Sub-section (3) of Section sixteen of the Land Law (Ireland) Act, 1887, for the redemption of annuities, rent charges, and rents: Provided that, if a land Judge is of opinion that any such superior interest is of no appreciable value to the persons entitled thereto, the purchase moneys of the land may be distributed without regard to such superior interest. (4.) If a superior interest, or the benefit arising thereunder, is settled land within the meaning of the Settled Land Acts, 1882 to 1890, the person who constitutes the tenant for life, or who has the powers of a tenant for life under those Acts, shall have power to enter into any consent in relation to the sale being made discharged from such superior interest, and to the redemption or satisfaction of the same out of the purchase money. (5.) Where a superior interest is subject to an incumbrance as defined by the Land Law (Ireland) Act, 1887, the land Judge shall, for the purpose of distribution of the price or compensation payable in respect of such superior interest, have the same powers as if such incumbrance had been charged directly upon the land sold. (6.) Superior interest shall include any rent, rent charge, annuity, fees, duties, or services payable or to be rendered in respect of the land sold to any person, including Her Majesty and Her successors, and any exceptions, reservations, covenants, conditions, or agreements contained in any fee-farm grant, or other conveyance in fee, or lease under which such land is held, and, if such land is held under a lease for lives or years renewable for ever, or for a term of years of which not less than sixty are unexpired at the date of the sale, shall include any reversion or estate expectant on the determination of such lease or expiration of such term, and notwithstanding that such reversion or estate may he vested in Her Majesty and Her successors. (7.) Nothing in this section shall affect the rights of the public or of any class of the public in respect of the land sold, or the rights of any person or persons in respect of the waters of any stream or watercourse or of any right of way.

New Sub-sections (1) to (7), inclusive, ordered to stand part of the Bill.

Clause 31,—