Land Act, 1927
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Provisions as to vesting holdings in tenants and registration of ownership. |
17.—(1) A holding of tenanted land vested in the Land Commission by virtue of the Land Act, 1923 , to which holding section 28 of the said Act applies shall by virtue of this Act pass on the appointed day from the Land Commission to, and vest in the tenant of such holding or, if he be then dead, in his personal representatives as if an order had been made under the Land Purchase Acts in pursuance of the subsequent purchase agreement deemed by the said section to have been entered into by such tenant vesting the holding in the tenant subject to the standard purchase annuity for the holding and the additional annuity (if any) in respect of compounded arrears of rent added to the purchase money, and to an additional sum equivalent to a proportion of the said annuities in respect of the period between the gale day on which the first instalment of the said annuities shall become payable and the day on which the next dividends are payable on land bonds; and to any sum that may be due to the Land Commission by the tenant in respect of payment in lieu of rent. | |
(2) A final list published in pursuance of sub-section (4) of section 40 of the Land Act, 1923 , comprising any holding to which section 28 of that Act applies shall specify separately each such holding, stating the name of the person appearing to the Land Commission to be in occupation thereof as tenant, or nominated by the Land Commission under section 67 of the said Act to represent the tenant, and such other particulars concerning the holding as may be necessary for the purposes of registration under the Local Registration of Title (Ireland) Act, 1891. The Land Commission shall furnish to the Registrar of Titles a copy of such final list, together with a map showing any holding therein comprised to which the said section 28 applies, and the registrar may thereupon register the person named in the final list as appearing to the Land Commission to be in occupation of the holding as tenant, or nominated by the Land Commission to represent the tenant, as the case may be, as the owner of the holding, subject as is mentioned in sub-section (1) of this section and subject to any rights or equities arising from the interest therein vested by virtue of this Act being a graft upon the previous interest of the tenant in the holding or arising in any other manner from the existence of such previous interest, and otherwise as is by the Local Registration of Title (Ireland) Act, 1891, and the Acts amending the same provided. | ||
(3) An error in a final list may be corrected by the Land Commission but no correction shall be made after the appointed day except by order of the Judicial Commissioner, and only in so far, and upon such terms, if any, as may appear just having regard to the interests that may be thereby affected. | ||
(4) Every holding vested in the tenant thereof on the appointed day pursuant to the provisions of this section shall be deemed to be registered land within the meaning of section 19 (1) of the Local Registration of Title (Ireland) Act, 1891, and subject to the provisions of that Act as from the beginning of that day. The holding shall accordingly be exempt from the provisions of the Acts relating to the Registry of Deeds as from the beginning of the appointed day, and registration thereof shall be completed in the Land Registry as of that day, and all deeds or documents dealing therewith shall on and after that day be lodged in the Land Registry. | ||
(5) The memorial of the registration required to be given to the Registrar of Deeds by sub-section (4) of section 19 of the Local Registration of Title (Ireland) Act, 1891, shall be a copy of the final list. | ||
(6) Sub-section (4) of section 28 of the Land Act, 1923 , is hereby repealed. | ||
(7) Where a holding or part of a holding of tenanted land not exceeding two statute acres to which the provisions of this section apply has been acquired by the Commissioners of Public Works for the purposes of the public services and the Commissioners certify to the Land Commission before the appointed day that the holding or part of the holding has been purchased by them for a sum not exceeding one hundred pounds from the tenant in occupation thereof, then the holding or part of the holding shall vest in the Commissioners under this section free from all rights and equities arising from the previous interest of the tenant therein referred to in section 8 of the Purchase of Land (Ireland) Act, 1885, and the person to whom the Commissioners shall have paid the purchase money shall be a trustee thereof for the persons beneficially entitled thereto. |