Irish Land Act, 1909

Facilities for the planting and preservation of woods.

19.(1) Where a parcel of an estate is purchased or proposed to be purchased by trustees under section four of the Act of 1903 for the purpose of the planting of trees or the preservation of woods or plantations, and the parcel is subject to any grazing or other rights or easements appurtenant to holdings on the estate, the Land Commission may, if they think fit, on the application of the trustees, make an order releasing that parcel from all or any of those rights and easements upon such terms as to compensation and otherwise as may be agreed upon by the parties interested or, in default of agreement, may be determined by the Land Commission; and any such order shall be effectual to release the parcel from those rights and easements in the manner and to the extent therein specified.

(2) Where any land is resold to the owner of an estate in pursuance of section three or section seventy-six of the Act of 1903, and the land is subject to any such rights or easements as aforesaid, the Land Commission may on the application of the owner exercise the powers conferred on them by the last preceding subsection as regards those rights and easements, if and so far as they are satisfied that the land, or portion thereof, is required by the owner for any of the said purposes.

(3) The Land Commission, on the application in the prescribed manner of any landlord who is desirous of selling an estate under the Land Purchase Acts, if they are satisfied that it is desirable that the landlord should be authorised to resume a portion of a holding upon the estate for the purpose of planting trees or preserving woods or plantations or growing timber, and that the value of the holding will not be materially diminished by reason of the resumption, may authorise the landlord to resume that portion upon such terms as may be approved of by the Land Commission, including full compensation to the tenant, and may make an order accordingly apportioning the rent and discharging that portion of the holding from the tenancy.