Purchase of Land (Ireland) Act, 1885

Charges and rights subject to which the sale may be made. 21 & 22 Vict. c. 72.

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(3.) The provisions of the sixty-second section of the Landed Estates Court Act relative to tithe rent charge, quitrent, Crown rent, and charges in favour of the Commissioners of Public Works not being prejudiced or affected by the conveyances therein mentioned, and relative to the redemption of such quitrent, Crown rent, and charges, and relative to the notice to be given to the Commissioners of Woods, shall apply to vesting orders under this Act.

(4.) Where the land comprised in any holding is subject to any mortgage, incumbrance, or charge, the Land Commission shall, before sanctioning or completing the sale of such holding, give such notice to the mortgagee, incumbrancer, or person interested as may be prescribed by rules of the Land Commission.

(5.) In the case of a sale by a landlord to a tenant, where it is agreed that the sale shall be carried into effect by a vesting order of the Land Commission, such vesting order may, notwithstanding anything herein-before contained, be made at any time after the application for such vesting order has been made to the court, and same may be made though the landlord is only tenant for life, or has the powers of a tenant for life, and whether or not the holding, either solely or in common with other lands, is subject to any incumbrance or annual charge, and the fact of such incumbrance or annual charge affecting only a partial interest in the estate sold, such as a tenancy for life or lesser interest, shall not affect the right to make such vesting order, but the purchase money shall in all cases where the court shall think fit be paid into court to abide the further order of the court, and shall, for all purposes as regards the rights or claims of any person to or against the estate sold, represent such estate, and unless and so far as the vesting order shall otherwise declare, the rights and claims of all persons in respect of the estate sold, or any incumbrance or annual charge thereon, shall, from the date of such vesting order, be transferred to the purchase-money, and the purchaser shall be wholly freed from any liability or claim in respect thereof.