Landlord and Tenant (Ground Rents) Act, 1967
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Provisions in relation to parties to conveyance of fee simple. |
8.—(1) Where a person who is required by this Act to convey or join in the conveyance of the fee simple in land is, by reason of having a fiduciary capacity or a limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of conveying or joining in (as the case may be) the conveyance of the fee simple, the county registrar for the area in which the land is situate may, on the application of any person concerned, empower the person so required to convey or join in conveying (as the case may be) the fee simple. | |
(2) Where a person who is required by this Act to convey or join in conveying the fee simple in land is an infant or a person of unsound mind, or cannot be found or refuses or fails to execute such conveyance, the county registrar for the area in which the land is situate may, on the application of any person concerned, appoint an officer of the Court to execute such conveyance for and in the name of the person so required and thereupon the execution of such conveyance by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person. | ||
(3) Where any person who is required by this Act to convey or join in conveying the fee simple in land is unknown or unascertained, the county registrar for the area in which the land is situate may, on the application of the person entitled under this Act to acquire the fee simple, appoint any person who is receiving the rent in respect of the interest in the land of the person so entitled, or such other person as the county registrar may think fit to appoint, to represent such unknown or unascertained person in all proceedings in connection with the conveyance of the fee simple in the land, and may, at the same time or subsequently, appoint an officer of the Court to execute such conveyance for and on behalf of the person so required and unknown or unascertained and thereupon the execution of such conveyance by such officer for and on behalf of such person shall for all purposes be as effectual as the execution thereof by such unknown or unascertained person. | ||
(4) Where under subsection (2) or (3) of this section, a county registrar appoints a person to execute, or join in the execution of, a conveyance of the fee simple in land for and in the name of or for and on behalf of any person, the county registrar may order that the purchase money payable to that person in consideration of the conveyance of his interest in the land be paid into Court before the execution of the conveyance and, upon such payment, any estate, right or interest in or claim against the land of that person existing at the time of such payment shall be transferred and shall attach to the money and the Court may make such order, or give such direction, for the disbursement and distribution of the money and any interest or dividends thereon, as it may deem proper. | ||
(5) Where a person upon whom a notice under section 4 of this Act in relation to land is required to be served cannot be found or ascertained, the person shall be deemed, for the purposes of this section, to be a person who is required by this Act to convey or join in conveying the fee simple in the land. | ||
(6) A power conferred on a county registrar by this section or by section 14 of this Act shall be exercised in relation to an infant or a person of unsound mind who is a ward of court only by leave of the court of which he is a ward, and the power conferred on the Court by subsection (4) of this section shall be exercised in relation to any such ward who is a ward of the High Court in accordance with the directions of the High Court. |