Land Act, 1927

Fee Farm Grants, renewable leases, and leases for long terms.

11.—(1) The owner of a parcel of untenanted land situate in a non-congested districts county, which is held under a fee farm grant, lease for lives or years renewable for ever, or lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923 may apply to the Land Commission for an order declaring that the parcel shall vest in the Land Commission on the appointed day in like manner as if the parcel were situate in a congested districts county.

(2) Where an application is made to the Land Commission for a declaration pursuant to the last preceding sub-section and it is proved to the satisfaction of the Land Commission—

(a) that the applicant is in bona fide occupation of the parcel of untenanted land and uses and cultivates the same as an ordinary farmer in accordance with proper methods of husbandry; and

(b) that the rent payable by the applicant in respect of the parcel of untenanted land is equal to or exceeds what in the opinion of the Land Commission would have been the fair rent of the lands comprised in the parcel if the same had at the passing of the Land Act, 1923 , constituted a holding held by the applicant as a statutory tenant thereof subject to a third term judicial rent; and

(c) that the applicant is willing to repurchase and that the parcel should be resold to the applicant,

the Land Commission may, unless in their opinion it is required for the relief of congestion, by order declare that the parcel of untenanted land shall vest in the Land Commission on the appointed day and the provisions of the Land Act, 1923 , shall apply to such parcel in like manner and with the like consequences as if the parcel were situate in a congested districts county.

(3) Where a parcel of untenanted land so held as aforesaid, whether situated in a congested districts county or not, is vested in the Land Commission on the appointed day the Judicial Commissioner in fixing the redemption price of the superior interests payable out of the purchase money of the parcel shall have regard to the price received by the vendor for the parcel, and to the amount of the arrears of rent if any due by him up to the date of the passing of this Act, as well as to the security afforded by the parcel for such superior interests. In every such case arrears of rent which shall have accrued due up to and including the first gale day in the year 1924 shall not be payable by the vendor.