Land Act, 1984

Amendment of section 46 of Land Act, 1923.

9.—(1) Section 46 of the Land Act, 1923 , shall apply to a person having an interest in land (other than land registered under the Registration of Title Act, 1964 ) entitling him to the occupation of the land as it applies to an owner of land registered under the said Registration of Title Act, 1964 , and the said section 46 shall apply and have effect accordingly with the following modifications and with any other necessary modifications:

(a) references to the registered owner of a holding shall be construed as including references to a person having an interest such as aforesaid in land,

(b) references to a holding shall be construed as including references to such an interest,

(c) the reference in subsection (3) to the date of the registration of the transfer shall be construed as a reference to the date of the transfer and the reference in that subsection to an estate in fee simple shall be construed as a reference to the interest of the person in the land,

(d) “(being registered land)” shall be inserted after “original holding” in subsection (5),

(e) subsection (6) shall, in case the person is an infant, lunatic or person of unsound mind, extend to any person by whom he could be represented for the purposes of the Registration of Title Act, 1964, if he were the registered owner of land.

(2) The Registrar shall, on the application of the Land Commission, in respect of an interest in land of which the Commission are the owners by virtue of an exchange under this section, register the Land Commission in the appropriate register as the owners of the interest.

(3) This section shall be construed as one with the Registration of Title Act, 1964 .