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Power to exchange tenancies.
1 Edw. 7. c. 34.
1 Edw. 7. c. 34.
54 & 55 Vict. c. 66.
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23.—(1) When an estate is purchased or agreed to be purchased by the Land Commission or the Congested Districts Board, any person having power under the Land Purchase Acts to enter into an agreement for the purchase of a holding on the estate shall have power in the prescribed manner to enter into an agreement with the Land Commission or the Congested Districts Board, as the case may be, for the exchange of the holding for any other holding which is in the opinion of the Commission or the Board of not less value than the original holding, and to surrender the original holding to the Commission or the Board accordingly.
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(2) Upon the surrender of a holding by any person under this section, all charges, liabilities, and equities affecting the tenant’s interest in the holding shall, without any conveyance or order, be transferred to the interest acquired by that person in the new holding.
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(3) The lands comprised in the original holding shall, notwithstanding the surrender of the holding, continue to be subject to all easements and profits a prendre to which they were subject at the time of the surrender.
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(4) For the purpose of any application or order under subsection (6) of section one of the Congested Districts Board (Ireland) Act, 1901, with respect to charges, liabilities, and equities affecting the tenant’s interest in a holding, it shall not be necessary to specify the several charges, liabilities, and equities, or any of them.
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(5) When a holding to which any charges, liabilities, or equities have been transferred, whether under this section or under section one of the Congested Districts Board (Ireland) Act, 1901, is sold under the Land Purchase Acts, the particulars to be transmitted to the registering authority pursuant to section thirty-two of the Act of 1896 shall include particulars of the original holding from which the charges, liabilities, or equities have been transferred, and, where the registering authority in any such case dispenses with the ascertainment of burdens, the note which he is required to make under subsection three of section twenty-nine of the Local Registration of Title (Ireland) Act, 1891, shall contain such modifications or additions as may be necessary for the purpose of protecting any transferred charges, liabilities, or equities.
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